← Library
Patna High CourtCR. MISC./32799/2017dismissed

Vikash Kumar v. The State Of Bihar

2017-08-08Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32799 of 2017 Arising Out of PS.Case No. -4 Year- 2017 Thana -MAHILA PS District- AURANGABAD ====================================================== Vikash Kumar, son of Sri Ajay Singh Chandravanshi resident of village - Kosdihra, Police Station Salaiya, District - Aurangabad. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Tej Narayan Singh For the Opposite Party/s : Mr. Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-08-2017 Heard learned counsel for the petitioner. This is an application for bail in connection with Aurangabad Mahila P.S.Case No. 04 of 2017, G.R.No. 4 of 2017, registered for the offences under Section 376 of the Indian Penal Code and Section 4 of POCSO Act.

Allegation against the petitioner is of commission of rape. Submission of learned counsel for the petitioner is that there is contradiction in FIR and 164 Cr.P.C. statement of victim so far manner of occurrence is concerned and further submission is that petitioner is in custody for six months and he has falsely been implicated in this case and medical report does not support the prosecution case.

Heard learned APP also, who has opposed the prayer for

Patna High Court Cr.Misc. No.32799 of 2017 (4) dt.08-08-2017 2/2 bail.

Having heard both sides and considering the allegation, I am not inclined to grant bail to the petitioner. However, learned trial court is directed to expedite the trial and try to conclude it within nine months. If trial is not concluded within the said period, petitioner may renew his prayer for bail before the court below, who will consider the prayer for bail of the petitioner (Vinod Kumar Sinha, J) spal/- U