Patna High CourtCR. MISC./47144/2018dismissed

Raushan Kumar v. The State Of Bihar

2018-10-10Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47144 of 2018 Arising Out of PS.Case No. -145 Year- 2017 Thana -NARHAT District- NAWADA ======================================================

1. Raushan Kumar S/o Subodh Kumar @ Subodh Yadav, R/o Vill.- Punthar, P.S.- Narhat, District- Nawada.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun Kumar For the Opposite Party/s : Mr. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-10-2018 The petitioner is in custody since 06.04.2018 in connection with Narhat P.S. Case No. 145 of 2017, registered for offences punishable under Sections 376(D)/305 of the Indian Penal Code and Sections 4/14/17 of the POCSO Act. Allegation against the petitioner and other accused persons is of committing rape upon the daughter of the informant and also making the video clip of the same and used to put pressure on the daughter of the informant to establish physical relationship on threatening to make the video viral on internet and due to this the deceased committed suicide.

Submission of learned counsel for the petitioner is that the concerned mobile is not of the petitioner and he has falsely been implicated in this case. Further submission is that earlier a

Patna High Court Cr.Misc. No.47144 of 2018 (3) dt.10-10-2018 2/2 case has been instituted by his sister in law (bhabhi) against the informant and others and due to which, the present case has been lodged. The petitioner is in custody since 06.04.2018. Heard learned A.P.P. also, who has opposed the prayer for bail of the petitioner stating that witnesses have supported the prosecution case in the case diary and the other materials have also come against the petitioner.

Having heard both sides and considering the facts and circumstances of the case and the nature of allegation, I am not inclined to grant bail to the petitioner. Hence, this application is dismissed.

However, learned Trial Court is directed to expedite the trial.

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