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Patna High CourtCR. MISC./16134/2015dismissed

Ramesh Ram v. The State Of Bihar

2015-04-29Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16134 of 2015 Arising Out of PS.Case No. -24 Year- 2014 Thana -MAHILA P.S. District- SAMASTIPUR ====================================================== Ramesh Ram, S/o Rambrikch Ram, Resident of Village Harail, P.S. Hohiuddin Nagar, District Samastipur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Deepak Kumar Singh For the Opposite Party/s : Mrs. Indu Kumari Srivastava (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 29-04-2015 Heard both sides.

The petitioner apprehends his arrest in a case under Section 376 of the Indian Penal Code and Section 4 of the Child Sexual Harassment Act.

The allegation against the petitioner is that he forcibly entered into the house of the victim and committed rape with her. Submission is that the victim is a major girl. The occurrence took place in the night of 11/12.07.2014 but the F.I.R. was lodged on 17.07.2014. There is inordinate delay. The doctor did not find any sign of rape.

There appears that the victim made a very specific allegation that in the night the petitioner committed rape with her

Patna High Court Cr.Misc. No.16134 of 2015 (2) dt.29-04-2015 2/2 and fled away. Hence, I am not inclined to enlarge the petitioner on anticipatory bail in Women Samastipur P.S. Case No. 24 of 2014. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) Dilip/- U T