Patna High CourtCR. MISC./53724/2021bail rejected

Ram Lal Sharma v. The State Of Bihar

2022-03-21Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53724 of 2021 Arising Out of PS. Case No.-97 Year-2021 Thana- SIKTI District- Araria ====================================================== RAM LAL SHARMA Son of Harihar Sharma Resident of Village - chaghariya, P.S. - Sikty (Bardaha), Dist. - Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Rina Sinha For the Opposite Party/s :

Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-03-2022 Heard learned counsel for the parties.

The petitioner seeks bail in Sikty P.S. Case No.97 of 2021, registered for the offence under Section 363, 365, 366 of the Indian Penal Code.

As per the F.I.R., this petitioner forcibly abducted the daughter-in-law of the informant, took her to a maize field and committed rape on her.

It is submitted on behalf of petitioner that petitioner has been falsely implicated in this case due to dispute between the parties. The victim lady is major and mother of four children. She was not medically examined. It is further submitted that though, the alleged occurrence took place in the night (1:00 AM) of 17-18 May, 2021, but F.I.R. has been lodged on 18.05.2021 at 4:00 PM without any plausible explanation of delay. Petitioner claims clean antecedent and he is in custody

Patna High Court CR. MISC. No.53724 of 2021(6) dt.21-03-2022 2/2 since 19.05.2021.

However, learned A.P.P. for the State opposed the bail petition and submitted that the victim lady, in her statement recorded under Section 164 Cr.P.C., has named this petitioner and corroborated the prosecution case.

Considering the aforesaid facts and circumstances as well as statement of the victim recorded under Section 164 Cr.P.C., I am not inclined to grant bail to the petitioner and same is, accordingly, rejected.

(Prabhat Kumar Singh, J) anay/- U T