Rambabu v. The State Of Bihar

Patna High Court Cr.Misc. No.56029 of 2018 (2) dt.08-10-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56029 of 2018 Arising Out of PS.Case No. -45 Year- 2018 Thana -MAHILA P.S. District- SIWAN ======================================================

1. Rambabu S/o Mohan Kurmi @ Mohan Ravat, R/o Vill.- Purandarpur, P.S.- Goreyakothi, District- Siwan.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Tiwary For the Opposite Party/s : Mr. Sri Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-10-2018 The petitioner is in custody since 19.10.2016 in connection with Siwan Mahila P.S. Case No. 45 of 2018, registered for offences punishable under Sections 376 (D) of the Indian Penal Code.

Allegation against the petitioner and others is of committing gang rape on the informant.

It has been submitted on behalf of the petitioner that he has falsely been made accused in this case and there is delay of five days in lodging the F.I.R. Further the girl is aged about 19 to 20 years and the medical report does not support the prosecution case. Further the petitioner has been in judicial custody since 24.06.2018.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.56029 of 2018 (2) dt.08-10-2018 Having heard both sides, considering the aforementioned facts and circumstances and also the fact that the allegation is very heinous in nature, I am not inclined to enlarge the petitioner on bail.

This application is accordingly dismissed.

However, since the petitioner is in custody, the trial court is directed to expedite the trial.

(Vinod Kumar Sinha, J) sunil/- U T