Raju Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29796 of 2017 Arising Out of PS.Case No. -207 Year- 2016 Thana -BIKRAM District- PATNA ====================================================== Raju Ram, aged about 29 years, Son of Bhagawan Ram, resident of Village & P.O.- Arap, P.S.- Bikram, Dist.- Patna. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Anshuman For the Opposite Party/s : Sri Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 11-07-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Bikram P.S. (Patna) Case No. 207 of 2016 registered for the offence punishable under section(s) 376/34 of the Indian Penal Code and 8 of the POCSO Act.

Allegedly the daughter aged about 15 years of the informant went to attend call of nature on 11.09.2016 in evening, but she did not return and after enquiry it transpired that the petitioner has kidnapped her. During investigation, the victim was recovered and her statement has been recorded under section 164 of the Criminal Procedure Code wherein she has supported the allegation of kidnapping and also that the petitioner committed

Patna High Court Cr.Misc. No.29796 of 2017 (2) dt.11-07-2017 2/2 rape with her.

Submission is of false implication and that the victim has been examined by the Doctor but no sign of rape has been found, she has been shown aged 17-19 years and as such, the petitioner, who is suffering in custody since 22.10.2016, deserves sympathetic consideration.

Learned APP seriously opposes the prayer of bail. In the facts and circumstances stated above, considering the statement of the victim girl that she was kidnapped by the petitioner and further the petitioner has committed rape with her, I am not inclined to grant privilege of bail to the petitioner, accordingly, his such prayer stands rejected. (Jitendra Mohan Sharma, J) Mahesh/- U T