Jitendra Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49825 of 2018 Arising Out of PS. Case No.-67 Year-2018 Thana- KARJA District- Muzaffarpur ====================================================== Jitendra Jha, Son of Late Ram Naresh Jha, Resident of Village- Fanda, P.S.- Karja, District- Muzaffarpur.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Surendra Kishore Thakur, Adv.

For the Opposite Party/s :

Mr. Ram Anurag Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 20-08-2018 Heard Sri Surendra Kishore Thakur, learned counsel for the petitioner and Sri Ram Anurag Singh, learned Addl. Public Prosecutor.

The sole petitioner, who is in custody only since 10.06.2018 in Karja P.S. Case No.67 of 2018 registered for the offence under Section 376 of the Indian Penal Code, has prayed for grant of bail.

Learned counsel for the petitioner submits that the victim girl , though, was dumb, she was capable to put her signature, but her statement under Section 164 of the Code of Criminal Procedure was not got recorded. He further submits that due to some earlier dispute, the present case has falsely been instituted against the petitioner.

However, on going through the F.I.R. it is evident that

Patna High Court Cr.Misc. No.49825 of 2018(2) dt.20-08-2018 2/2 the petitioner, who was by profession of compounder, had gone to the residence of the victim girl and asked others to go for purchasing some articles and, thereafter, he committed rape. Considering the fact that in the F.I.R. itself, there is specific accusation against the petitioner, there is no reason to pass favourable order. The prayer for bail stands rejected. (Rakesh Kumar, J) nawalkrs/- U T