Kapil Kumar Mehta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54176 of 2015 Arising Out of PS.Case No. -107 Year- 2015 Thana -NARPATGANJ District- ARRARIA ====================================================== Kapil Kumar Mehta, Son of Surya Nand Mehta, Resident of VillagePathardeva, P.S.- Narpatganj, District- Araria. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Prabhat Kumar Singh For the Opposite Party/s : Mr. Uday Pratap Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 21-01-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Narpatganj (Bathnaha) P.S. Case No. 107 of 2015 registered for the offence punishable under Section 376 of the Indian Penal Code.

Allegedly, Kiran Kumari aged 12 years was raped by the petitioner.

Submission is of false implication and that doctor has not found any external injury and spermatozoa was also not found and due to land dispute the petitioner has been implicated, the F.I.R. has also been lodged after delay and now the victim and her father are not ready to support the prosecution version.

Patna High Court Cr.Misc. No.54176 of 2015 (3) dt.21-01-2016 2/2 Learned A.P.P. opposes the prayer of bail by submitting the other witnesses have also supported the prosecution version.

In the facts and circumstances stated above, considering the allegation attributed against the petitioner, this Court is not inclined to enlarge the petitioner on bail accordingly, his prayer stands rejected.

However, after examination of the victim girl and her father during trial, the petitioner may renew his prayer for bail. Learned court below is directed to expedite the commitment of the case and thereafter the learned trail Judge shall expedite the trial as per amended proviso to Section 309 Cr.P.C. (Jitendra Mohan Sharma, J) siddharth/- U T