Ram Babu Kumar @ Ram Babu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20357 of 2018 Arising Out of PS.Case No. -315 Year- 2017 Thana -DALSINGHSARAI District- SAMASTIPUR ======================================================

1. Ram Babu Kumar @ Ram Babu Paswan S/o Hare Krishna Paswan, R/o Ward No. 8, Pand Dalsingsarai, P.S.- Dalsingsarai, District- Samastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satya Nand Shukla For the Opposite Party/s : Mr. Amitesh Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 04-05-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner has been in custody since 03.10.2017 in connection with Dalsingsarai P.S. Case No. 315 of 2017 registered for the offences punishable under Sections 376/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that there is previous enimity between the parties and for the said reason, the petitioner has been falsely implicated in the present case. Diary in the present case was called for which has since been received.

Learned counsel for the State after perusal of the case diary submits that the petitioner was caught at the place of occurrence and the girl in her statement under Section 164

Patna High Court Cr.Misc. No.20357 of 2018 (3) dt.04-05-2018 2/2 Cr. P.C. has supported the incident and it appears that he was an active participant of the occurrence. He was caught red-handed by the villagers at the place of occurrence.

In view of the aforementioned facts and circumstances, I am not inclined to grant regular bail to this petitioner. It is accordingly rejected.

Let the trial be expedited so as to be concluded, preferably within a period of one year from today. (Anjana Mishra, J) Saif/- U T