Naresh Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22188 of 2018 Arising Out of PS.Case No. -388 Year- 2017 Thana -NAUTAN DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Naresh Ram S/o Bal Kisun Ram, R/o Vill.- Shivrajpur Ward No. 4, P.S.- Nautan, District- West Champaran, Bettiah.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Viveka Nandsingh For the Opposite Party/s : Mr. Sri Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-06-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Nautan P.S.Case no.388 of 2017 registered for offences punishable under Sections 376, 420, 504 and 506 of the Indian Penal Code.

Allegation against the petitioner is that he committed rape upon her and also made video photographs of her for making it viral. There are other allegations against him. Submission of the learned counsel for the petitioner is that there is delay of three years in lodging the case but no specific date of the occurrence has been mentioned. It has also been submitted that she is in the habit of lodging such type of cases and delay has not been explained.

Patna High Court Cr.Misc. No.22188 of 2018 (3) dt.18-06-2018 2/2 Heard learned A.P.P. also, who has opposed the prayer for bail stating that the allegation is serious in nature and delay is not ground of delivering the whole statement of the victim lady. Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant anticipatory bail to the petitioner rather let the petitioner surrender before the learned court below within a period of four weeks from the date of receipt of the order and make prayer for regular bail, which will be considered by the learned court below on its own merit without being prejudiced by the order of this Court. With the aforesaid direction, this application is dismissed. (Vinod Kumar Sinha, J) chn/- U T