Raghu Kumar @ Raghunandan And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18152 of 2017 Arising Out of PS.Case No. -50 Year- 2016 Thana -MAHILA P.S. District- SAHARSA ======================================================

1. Raghu Kumar @ Raghunandan Son of Ramswaroop Sah

2. Lalan Kumar @ Lalan Yadav Son of Hemu Yadav both are residents of village - Lakshaminia, P.S. - Sour Bazar (Baijnathpur O.P.), District - Saharsa.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Parmeshwar Mehta For the Opposite Party/s : Mr. Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-04-2017 Heard the parties.

This application is for grant of regular bail in connection with Saharsa Mahila P.S.Case No.50 of 2016, for the offences under Sections 341, 323, 342, 376, 511, 504, 506 and 34 of the Indian Penal Code and Section 8 of POCSO Act. Allegation against the petitioners is about attempt to commit rape upon the victim.

It is submitted on behalf of the petitioners that due to land dispute, they have been falsely implicated in this case. There is no injury available on the record and they are in custody for about seven months.

Heard learned A.P.P. also, who has opposed the prayer for

Patna High Court Cr.Misc. No.18152 of 2017 (2) dt.21-04-2017 2/2 bail, stating that there are specific allegation against both the petitioners of attempting to commit rape upon the victim. Having heard both sides and in view of allegations as made against the petitioner in the F.I.R., I am not inclined to grant bail to the petitioner at this stage, however, as the petitioner is in custody for about seven months, the learned trial court is directed to expedite the trial of the petitioners.

With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U T