Ranjan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12896 of 2015 Arising Out of PS.Case No. -54 Year- 2014 Thana -BHAGWANPUR District- BEGUSARAI ====================================================== Ranjan Rai Son of Surya Narayan Rai, Resident of Village- Samastipur, P.S.- Bhagwanpur, District- Begusarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sandip Kumar Gautam For the Opposite Party/s : Mr. Ram Shankar Das(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 21-05-2015 Learned counsel for the petitioner is permitted to make necessary correction in the petition. Heard learned counsels for the petitioner and the State.

The petitioner is languishing in custody since 10.03.2014 in a case registered for the offences punishable under Sections 376, 341, 323 of the Indian Penal Code and 3(1) (xi) (xii) of SC/ST (Prevention of Atrocities) Act.

The accusation is of committing rape with the informant.

It is submitted by learned counsel for the petitioner that there is no direct evidence with regard to the commission of the offence. The medical report does not suggest

Patna High Court Cr.Misc. No.12896 of 2015 (03) dt.21-05-2015 2/2 the presence of spermatozoa when very next day of the occurrence the victim was subjected to medical examination. It is submitted by learned counsel for the State that the witnesses have supported the accusation during investigation and the medical report suggests that the victim received some injuries and the doctor opined that the victim was subjected to recent sexual act.

Considering the nature of accusation, this Court is not inclined to grant bail to the petitioner at present. Accordingly, the prayer for bail of the petitioner is rejected in connection with Bhagwanpur P.S. Case No. 54 of 2014 pending in the court of learned Judicial Magistrate, Ist Class, Begusarai. (Dinesh Kumar Singh, J) DKS/- U T