Patna High CourtCR. MISC./28833/2018rejected

Santosh Hembram v. The State Of Bihar

2018-06-28Mr. Justice Sanjay Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28833 of 2018 Arising Out of PS.Case No. -141 Year- 2017 Thana -CHAKAI District- JAMUI ====================================================== Santosh Hembram, Son of Shivlal Hembram, resident of VillageChitandih, Police Station- Chakai, District- Jamui. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Akhauri Kamal Kishore Sahay For the Opposite Party/s : Smt. Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 28-06-2018 Heard.

The petitioner is in custody in connection with Chakai P.S.Case No.141 of 2017 pending in the court of ACJM-III, Jamui registered for an offence under Section 376 of the IPC. The informant in her written report submitted before SHO of Chakai P.S. has alleged that this petitioner is committing rape since last three years giving false assurance to marry her. It has been submitted that the FIR has been lodged by the informant at the instance of her parents on account of land dispute. The petitioner allegedly committed rape for about three years but no FIR was lodged. The case was filed after three years of the alleged occurrence.The informant has not been examined by the Medical Officer and the witnesses examined in this case are not

Patna High Court Cr.Misc. No.28833 of 2018 (3) dt.28-06-2018 2/2 the independent witnesses and so the petitioner deserves bail. The learned APP opposed the submissions.

From perusal of the FIR and the case diary, it appears that the informant of this case who is victim is aged about 20 years. She has alleged that the petitioner entered into her house and committed rape. The petitioner gave assurance to perform marry and thereafter continued to commit rape on her. In course of investigation, the witnesses have supported the allegation of rape by this petitioner. The victim was produced before the Medical Officer who has reported that the victim had undergone sexual intercourse.

Considering the material in the case diary, I am not inclined to grant bail to the petitioner. Prayer for bail of the petitioner is rejected.

(Sanjay Kumar, J) B.Kr./- U T