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Patna High CourtCR. MISC./33920/2017rejected

Ibran Hussain v. The State Of Bihar

2017-07-20Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33920 of 2017 Arising Out of PS.Case No. -195 Year- 2013 Thana -SIKARPUR DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Ibran Hussain, Son of Fida Hussain, Resident of Village-Sheoganj, Police Station-Shikarpur, District-West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar No.-7, Advocate. For the Opposite Party/s : Smt. Pronati Singh, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 20-07-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Shikarpur P.S. Case No. 195 of 2013 registered under Sections 376 and 363/34 of the Indian Penal Code.

The petitioner is said to have committed rape against the victim on the point of knife and also took her away after making her unconscious and kept her at village Jamuniya for 22 days and continuously raped her.

It is submitted by learned counsel for the petitioner that the F.I.R. was lodged after inordinate delay of around two months. No such offence as alleged has been committed by the petitioner. The petitioner has been falsely implicated in this case

Patna High Court Cr.Misc. No.33920 of 2017 (2) dt.20-07-2017 2/2 due to dirty village politics. The matter has been compromised between the parties. The petitioner has been languishing in custody since 19.07.2016.

Considering the facts and circumstances of the case and the nature of offence, I am not inclined to enlarge the petitioner on bail. Prayer for bail of the petitioner is rejected. The learned lower court is directed to dispose of the case as expeditiously as possible within three months from the date of receipt or production of a copy of this order. (Prakash Chandra Jaiswal, J) Mishra/- U T