Dharmendra Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.17947 of 2017 (2) dt.11-04-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17947 of 2017 Arising Out of PS.Case No. -211 Year- 2016 Thana -BIHARIGANJ District- MADHEPURA ====================================================== Dharmendra Kumar Son of Sri Ramesh Malakar, Resident of VillageJhanjhari, P.S.-Gwalpara District-Madhepura .... .... Petitioner

Versus

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

For the Petitioner : Mr. Sharda Nand Mishra, Advocate For the Opposite Party : Mr. J.K.Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 11-04-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 29.12.2016 in connection with Bihariganj P.S. Case No. 211 of 2016 for the alleged offences under Sections 366 and 379 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated and there is inordinate delay in lodging the FIR on 21.12.2016 for the alleged occurrence of 03.12.2016, without proper explanation for the delay.

4. Learned APP on the other hand submits on the basis of the deposition of the victim girl recorded under Section 164 Cr. P.C. (Annexure-2) in which she has raised direct allegation against the petitioner along with one unknown person who forcibly carried her away from her home after tying her mouth and took her to

Patna High Court Cr.Misc. No.17947 of 2017 (2) dt.11-04-2017 Rajasthan and committed rape upon her.

5. Having regard to the nature of accusations and gravity of the offence alleged, this Court is not inclined to grant privilege of bail to the petitioner. The bail petition stands dismissed.

(Vikash Jain, J) Chandran/BT U