Pramod Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18175 of 2017 Arising Out of PS.Case No. -238 Year- 2016 Thana -DARIYAPUR District- SARAN ======================================================

1. Pramod Kumar Rai, S/o Shiv Balak Rai, Resident of Village- Rampur Jaiti, P.S.- Dariyapur, District- Saran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhirendra Kumar Sinha For the Opposite Party/s : Mr. Sri Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-05-2017 The petitioner seeks regular bail in connection with Dariyapur P.S. Case No. 238 of 2016, registered for offences punishable under Sections 366A/34 Indian Penal Code. Allegation against the petitioner is of commission of rape on the daughter of the informant.

It has been submitted on behalf of the petitioner that petitioner has not been named in the F.I.R. later on petitioner's name has been dragged in this case due to enmity. However, the medical report does not suggest any sign of rape. Petitioner has no criminal antecedent and has been in judicial custody 17.09.2016. Heard learned A.P.P. also.

Having heard both sides, in view of the fact that there is direct allegation agasint the petitiioner of commission of rape on

Patna High Court Cr.Misc. No.18175 of 2017 (3) dt.12-05-2017 2/2 the informant, which has also been substantiated by the statement of victim girl recorded under Section 164 Cr.P.C. and further the girl in her statement under Section 161 Cr.P.C. also supports the prosecution case, as such, I am not inclined to release the petitioner on bail, his application for regular bail is, accordingly, rejected.

The trial court is directed to expedite the trial and try to conclude it as early as possible.

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