Patna High CourtCR. MISC./22641/2015rejected

Amerika Mukhiya v. The State Of Bihar

2015-07-08Mr. Justice Aditya Kumar Trivedi2 pages

Patna High Court Cr.Misc. No.22641 of 2015 (02) dt.08-07-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22641 of 2015 Arising Out of PS.Case No. -33 Year- 2011 Thana -SRINAGAR DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Amerika Mukhiya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gopal Sharan Singh-Advocate For the Opposite Party/s : Mr. Uma Shankar Pd. Singh (A.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 08-07-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.

With regard to kidnapping of Bula Kumari aged about 11 years on 07.07.2011, instant prosecution has been launched on 16.07.2011.

Apart from having delay in institution of instant case without any explanation. It has also been submitted that conduct of the prosecutrix is found dubious in the background of the fact that she had disclosed in her statement under Section 164 Cr.P.C. that she was taken on a bicycle by the petitioner. Had there been a forceful event, then in that event, it was expected at the end of the victim to have raised alarm attracting people. That shows that she was a consenting party. Also submitted that petitioner happens to be under custody for the last eleven months.

Patna High Court Cr.Misc. No.22641 of 2015 (02) dt.08-07-2015 So, submitted that petitioner be released on bail. There happens to be an allegation attracted against the petitioner to have raped the victim, who happens to be minor and that being so, the conduct or consent as pleaded by the petitioner has got no legal sanctity.

Accordingly, prayer of petitioner for bail is rejected. Taking into account the period of custody, attracts speedy trial and on account thereof, learned lower Court is directed to expedite the same.

(Aditya Kumar Trivedi, J) Vikash/- U T