Rashik Lal Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55406 of 2017 Arising Out of PS. Case No.-211 Year-2017 Thana- BAHADURGANJ District- Kishanganj ====================================================== Rashik Lal Sharma, Son of Dukhi Lal, resident of Village- Sakaur, Police Station- Bahadurganj in the district of Kishanganj. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Sunil Singh, Adv.

For the Opposite Party/s :

Mr. Akbar Ali,A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 17-11-2017 Heard Sri Sunil Singh, learned counsel for the petitioner and Mr. Akbar Ali, learned Addl. Public Prosecutor. The sole petitioner, who is in custody since 20.08.2017 in Bahadurganj P.S. Case No.211 of 2017 registered for the offence under Section 376 of the Indian Penal Code, has prayed for grant of bail.

By way of referring to the F.I.R. learned counsel for the petitioner submits that the accusation appears to be false. In the said written complaint, the informant herself has stated that she was raped by the petitioner on 14.08.2017, whereas written complaint was filed before the police on 19.08.2017. He further submits that during the alleged time of occurrence, there was flood in the area and, as such, there was no possibility for committing rape by the petitioner in the field. He further

Patna High Court Cr.Misc. No.55406 of 2017(2) dt.17-11-2017 2/2 submits that since some amount was required to be paid by the informant to the petitioner,as the land of the petitioner was taken on Patta by the petitioner, with a view to grab the amount, the informant has lodged the present case.

Considering the seriousness of accusation I am not inclined to grant bail to the petitioner. The petition stands dismissed. (Rakesh Kumar, J) nawalkrs/- U T