Patna High CourtCR. MISC./59787/2017rejected

Sunny Kumar Giri @ Sani Kr. Giri v. The State Of Bihar

2018-02-08Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59787 of 2017 Arising Out of PS.Case No. -34 Year- 2017 Thana -JADOPUR District- GOPALGANJ ======================================================

1. Sunny Kumar Giri @ Sani Kr. Giri S/o Shri Umesh Giri, R/o VillageJadopur Sukul P.S.- Jadopur, Sukul, District- Gopalganj (Bihar). .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sushil Kumar Singh, Advocate For the Opposite Party/s : Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 08-02-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is in custody in connection with Jadopur P.S. Case No.34 of 2017, a case under Sections 363/366A of the Indian Penal Code, pending in the Court of learned Additional Chief Judicial Magistrate-XIV, Gopalganj. Allegation against the petitioner is that he ravished to the minor daughter of the informant after kidnapping her. The victim has supported the aforesaid allegation in the statement under Section 164 Cr.P.C.

Learned counsel for the petitioner submits that the police has not submitted charge sheet under Section 376 of the Indian Penal Code. The allegation of commission of rape is not

Patna High Court Cr.Misc. No.59787 of 2017 (3) dt.08-02-2018 P2/ corroborated by medical evidence or any other evidence. The petitioner is in custody since last six months. Investigation is complete now. There is no chance of absconding or tempering with the evidence.

Considering the statement of the victim girl as well as the settled principle of law that to seek for corroboration of the occurrence of rape would amount to insult of the womanhood, I am not inclined to enlarge the petitioner on bail. Hence, the prayer for bail is refused. The learned trial Court is directed to expedite the trial.

(Birendra Kumar, J) Mkr./- U T