Ram Chhabila Chaudhary @ Chhabila Chaudhary v. The State Of Bihar

Patna High Court Cr.Misc. No.44671 of 2014 (03) dt.08-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44671 of 2014 Arising Out of PS.Case No. -372 Year- 2013 Thana -PUPRI District- SITAMARHI ====================================================== Ram Chhabila Chaudhary @ Chhabila Chaudhary .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Prasad Singh For the Opposite Party/s : Mr. S.M.Rahman-(A.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 08-04-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.

A widow aged about 70 years became victim of undesired carnal desires at the end of petitioner.

Submission on behalf of petitioner is solely based upon medical report wherefrom the case of rape has not conclusively been opined. So, submitted that it is a fit case for grant of anticipatory bail. On the other hand, learned Additional Public Prosecutor opposed the prayer and submitted that neither the petitioner pleaded on his own nor during course of investigation, the I.O. collected any ground for false implication. Moreover, petitioner has been identified to be sole rapist and on account thereof, the opinion of the medical examination will play no positive role for the present.

Accordingly, prayer of petitioner for anticipatory bail is rejected.

(Aditya Kumar Trivedi, J) Vikash/- U T