Dharmendra Kumar @ Dharmendra Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48668 of 2018 Arising Out of PS.Case No. -5 Year- 2018 Thana -MAHILA P.S. District- BHABHUA (KAIMUR) ====================================================== Dharmendra Kumar @ Dharmendra Ram, Son of Bikhari Ram, Resident of Village+Post- Bare, P.S.- Bhabua, District- Kaimur at Bhabua. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Dr. Amrendra Kumar, Advocate. Mr. Sanjay Prasad, Advocate.

For the Opposite Party/s : Mr. Sri Rajendra Singh Shastriji, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 01-11-2018 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Bhabua Mahila P.S. Case No. 5 of 2018 instituted for the offence under Section 376 of the Indian Penal Code.

It is alleged in the written report that petitioner has committed rape with five year old daughter of the informant. The victim was produced for recording statement under Section 164 Cr. P.C. in the court below but she was not found competent to give her statement. Thereafter, the statement of parents were recorded wherein they have levelled specific allegation against the petitioner of committing rape with the victim girl. The victim girl has been medically examined wherein the Doctor has found circular reddish bruise over her hymen and

Patna High Court Cr.Misc. No.48668 of 2018 (4) dt.01-11-2018 2/2 has suggested that victim girl might have been subjected to sexual assault.

Therefore, this Court is not inclined to grant bail to the petitioner at this stage.

Prayer for bail for the petitioner stands rejected. The trial court is directed to expedite the trial. (Sanjay Priya, J) S.Ali/- U T