Lalo Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7419 of 2015 Arising Out of PS.Case No. -222 Year- 2014 Thana -SONBARSA RAJ District- SAHARSA ====================================================== Lalo Sharma Son of Aklu Sharma Resident of village- Bhada, Police Station- Sonbarsa Raj, District- Saharsa .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ashok Kumar, Adv. For the Opposite Party/s : Mr. Sanjay Kumar Tiwary-1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-04-2015 Heard both sides.

The petitioner seeks bail in Sonbarsa Raj P.S. Case No. 222 of 2014, registered for the offences punishable under Section 376 and other Sections of the Indian Penal Code. The prosecutrix made allegation against the petitioner that while she was returning along with her minor sons, the petitioner and one unknown person at the point of pistol committed rape with her.

It is submitted that the petitioner happens to be brotherin-law of the victim. The occurrence is said to have taken place on 6.10.2014, but the complaint petition was filed on 9.10.2014. There is inordinate delay in filing the case. It appears that besides the complainant, her two minor

Patna High Court Cr.Misc. No.7419 of 2015 (6) dt.09-04-2015 2/2 sons have very categorically stated that during the course of investigation the petitioner committed rape with their mother. Considering the facts aforesaid, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected. The trial court is directed to expedite the trial and conclude the same within nine months from the date of receipt of this order. If the trial is not concluded within the stipulated period, the petitioner if so advised, may renew his prayer for bail. (Prabhat Kumar Jha, J.) Rakhi/- U T