Sudhir Chaupal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.74273 of 2018 Arising Out of PS. Case No.-37 Year-2017 Thana- ALINAGAR District- Darbhanga ====================================================== Sudhir Chaupal, Son of Shri Harinandan Chaupal, Resident of VillageGosava, Police-Station-Alinagar, District-Darbhanga. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjit Kumar Singh For the Opposite Party/s :
Mr. Sri Vinod Shankar Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 17-12-2018 Heard learned counsel for the petitioner and learned counsel for the State.
Petitioner, who is in custody, seeks bail in connection with Alinagar P.S. Case No. 37 of 2017 registered for the offence punishable under Sections 376, 341, 323 read with 34 of the Indian Penal Code and also Section 4/6 of POCSO Act. Petitioner has earlier moved this Court for bail vide Criminal Miscellaneous No. 18152 of 2018 which was rejected on 29.03.2018.
Informant in her written complaint has stated that on 10.05.2017 at about 10 o'clock when all the members of her house had gone outside then petitioner entered into her house and threatened her on the point of knife and raped her and during the course of fleeing away mobile phone of petitioner left
Patna High Court Cr.Misc. No.74273 of 2018(2) dt.17-12-2018 2/2 in her house.
It has been submitted on behalf of the petitioner that petitioner is innocent and has been falsely implicated in this case. It has been further submitted that FIR was lodged after four days of occurrence. Petitioner has no criminal antecedent and he is in custody since 14.06.2017.
Considering the nature of allegation petitioner, I am not inclined to grant bail to the petitioner. Accordingly the prayer for bail is rejected. However, trial court is directed to expedite and conclude the trial within six months from receipt/production of a copy of order passed by this Court. (S. Kumar, J) veena/- U T