Ram Kumar Sah @ Ram Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48353 of 2015 Arising Out of PS.Case No. -30 Year- 2015 Thana -MAHILA PS District- DARBHANGA ====================================================== Ram Kumar Sah @ Ram Kumar son of Fakira Sah, resident of villageKhirma, Police Station-Keoti and District-Darbhanga .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Girish Chandra Jha For the Opposite Party/s : Mr. Ram Shankar Das(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 21-12-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Mahila P.S. Case No. 30 of 2015 registered for the offences punishable under Sections under Sections 376(G) of the I.P.C. and section 3(2)(v) of the SC/ST (Prevention of Atrocities) Act. Allegedly, the petitioner and co-accused committed gang rape with the informant after bringing her in a room situated at petrol pump and in the morning police came and arrested the petitioner.

Submission is of false implication and that prosecution story appears not probable and reliable, medical evidence does not support the prosecution version as no injury was found and further no spermatozoa alive or dead has been found.

Patna High Court Cr.Misc. No.48353 of 2015 (3) dt.21-12-2015 The victim is about 30-35 years and as such the petitioner deserves sympathetic consideration.

The learned A.P.P. opposes the prayer of bail by submitting that the petitioner has committed heinous crime. In the facts and circumstances stated above, considering the allegation attributed against the petitioner serious in nature, this court is not inclined to enlarge the petitioner on bail accordingly, his prayer stands rejected.

(Jitendra Mohan Sharma, J) rohit/- U T