Patna High CourtCR. MISC./24973/2015dismissed

Lal Babu Ram v. The State Of Bihar

2015-07-20Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24973 of 2015 Arising Out of PS.Case No. -43 Year- 2015 Thana -DAUDPUR District- SARAN ====================================================== Lal Babu Ram Son of Lalan Ram resident of village - Nashira, P.S. Daudpur, District - Saran at Chhapra .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sharda Nand Mishra For the Opposite Party/s : Mr. Pronati Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-07-2015 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in a case instituted for the offence under Sections 342, 376 and 34 of the Indian Penal Code.

The Informant, Priyanka Kumari gave a written report on 13.3.2015 before the Office of the S.P. Saran stating that prior to seven months Rinki Devi, wife of Lal Babu Ram and Seema Devi, wife of Triloki Ram came her house and called her then she went to her house where Lal Babu Ram, the petitioner was present. Rinki Devi & Seema Devi closed the informant with Lal Babu Ram in a room and the petitioner forcibly committed rape on her and she became pregnant. She was

Patna High Court Cr.Misc. No.24973 of 2015 (2) dt.20-07-2015 2/2 threatened that if she discloses the fact she would be killed. It has been submitted on behalf of the petitioner that the petitioner is in custody since 14.3.2015 and charge sheet has been submitted in the present case. It has further been submitted that the petitioner is the close agnate. Further, it has been submitted that the petitioner has got no criminal antecedent. On behalf of the State it has been submitted that the victim girl is aged about 13 years and her 164 Cr. P.C. statement has also been recorded wherein she has made specific allegation of commission of rape upon her by the petitioner. Considering the aforesaid facts, I am not inclined to grant bail to the petitioner.

However, the trial court is directed to conclude the trial within a period of nine months from the date of receipt/production of a copy of this order.

(Sudhir Singh, J) S.Pandey/- U