Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30309 of 2017 Arising Out of PS.Case No. -7 Year- 2017 Thana -NAYAGAON District- SARAN ======================================================

1. Amit Kumar, son of Munna Prasad @ Sunil Kumar Das, resident of Village Nayagaon Bazar, Police Station Nayagaon, District- Saran. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Krishna Kumar Singh For the informant :

Mr. Dewendra Narayan Singh For the Opposite Party/s : Mr. Sri Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-07-2017 Heard the parties.

This application is for grant of regular bail in connection with Nayagaon P.S.Case No.7 of 2017, for the offences punishable under Sections 341, 323, 379, 504 and 376 of the Indian Penal Code.

Allegation against the petitioner is of committing rape upon the prosecutrix.

Submission of the learned counsel for the petitioner is that there is delay of 11 days in lodging the complaint and furthermore, there is general and omnibus allegation against the petitioner.

Heard learned A.P.P. as well as the learned counsel for the informant. They have opposed the prayer for bail and it

Patna High Court Cr.Misc. No.30309 of 2017 (3) dt.26-07-2017 2/2 has also been submitted that the F.I.R. itself shows that guardian of the prosecutiry was not in the house so the delay was caused. Further there is direct allegation against the petitioner of committing rape on the point of country-made gun. Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant bail to the petitioner.

With the aforesaid observation, this application is dismissed.

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