Deepak Das @ Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64614 of 2021 Arising Out of PS. Case No.-9 Year-2021 Thana- BARACHATTI District- Gaya ====================================================== DEEPAK DAS @ DEEPAK KUMAR S/O SUDAMA DAS R/o villageBagula, P.S.- Mohanpur (Barachatti), District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rabindra Kumar Priyadarshi For the Opposite Party/s :

Ms.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-05-2022 Heard learned counsel for the parties.

The petitioner seeks bail in a case registered for the offence under Sections 341, 323, 376, 504, 506 & 34 of the Indian Penal Code.

The allegation against the petitioner is that he committed rape with the victim by taking her to a mustard field. It is submitted on behalf of petitioner that petitioner has been falsely implicated in this case on account of dispute over drainage. It is further submitted that in the medical examination, no sign of rape has been found and age of the victim has been assessed to be above 19 years. Petitioner is in custody since 15.03.2021.

However, learned A.P.P. for the State opposed the bail petition and submitted that there is specific allegation against this petitioner of committing rape and this fact has been fully

Patna High Court CR. MISC. No.64614 of 2021(4) dt.10-05-2022 2/2 supported by the victim in her statement recorded under Section 164 Cr.P.C.

Considering the aforesaid facts and circumstances as well as statement of the victim recorded under Section 164 Cr.P.C., I am not inclined to grant bail to the petitioner and same is, accordingly, rejected. However, the learned trial court is directed to expedite the trial and conclude the same as early as possible.

(Prabhat Kumar Singh, J) anay/- U T