Laltu Rai @ Bhashkar Rai @ Bhaskar @ Laltu Ray @ Bhaskar Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47725 of 2022 Arising Out of PS. Case No.-84 Year-2022 Thana- ABADPUR District- Katihar ====================================================== Laltu Rai @ Bhashkar Rai @ Bhaskar @ Laltu Ray @ Bhaskar Ray S/O Late Bhedawa Roy R/O Village- Shivtola, Belwa, P.S.- Abadpur, District- Katihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajendra Prasad Sah For the Opposite Party/s :
Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-02-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 376, 354(B), 354(D), 504, 509, 506/34 of the Indian Penal Code.
The prosecution case in nutshell is that while the informant was sleeping at the Verandah of her house, petitioner put cloth in her mouth and ravished her. It is also alleged that petitioner took her obscene photos and threatened her of dire consequences if she makes any complaint.
It is submitted by learned counsel for the
Patna High Court CR. MISC. No.47725 of 2022(4) dt.04-02-2023 2/2 petitioner that petitioner has been falsely implicated in this case. The F.I.R. was lodged after an inordinate delay of 8 days. It is also submitted that the medical report does not indicate any sign of rape. Moreover, petitioner is languishing in judicial custody since 19.06.2022. Learned APP appearing on behalf of the State vehemently opposed the prayer of the petitioner and submitted that there is specific allegation against the petitioner of committing rape and same has been supported in the statement of victim, recorded under Section 164 of Cr.P.C.
Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.
Learned trial court is directed to expedite the trial and conclude the same as early as possible.
(Sunil Kumar Panwar, J) nirajkrs/- U T