Ram Babu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.71052 of 2018 Arising Out of PS. Case No.-62 Year-2018 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Ram Babu Singh Son of Late Ram Murti Singh Resident of VillagePaspura,P.S. Muffasil,Distt.-Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surendra Kishore Thakur For the Opposite Party/s :

Mr.Sri Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-01-2019 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Begusarai Muffasil P.S. Case No. 62 of 2018, registered for the offence punishable under Sections 376/34 of the Indian Penal Code.

The case of the prosecution as per the informant i.e. the victim girl is that her husband had gone to Delhi for livelihood and was working there as labour and on 06.02.2018 at about 11:30 in the night, when she was sleeping in her room and no male member was present in her house, the accused persons including the petitioner herein had entered into her house and closed her mouth with

Patna High Court Cr.Misc. No.71052 of 2018(4) dt.18-01-2019 2/3 Gamchha (towel), whereafter the petitioner had committed rape with her.

The learned counsel for the petitioner has submitted that the petitioner is innocent and he has been falsely implicated in the present case. It is further submitted that the medical report does not corroborate the commission of rape by the petitioner on the victim lady. Lastly, it is submitted that the petitioner is languishing in custody since 12.02.2018. I have heard the learned counsel for the parties and gone through the materials on record as also the case diary and the statement of the victim lady made under Section 164 Cr.P.C., it is apparent from the statement of the victim lady made under Section 164 Cr.P.C. that the accused persons including the petitioner herein had forcibly taken the victim lady to the field and had raped her.

The materials available in the case dairy as also the examination of the place of occurrence by the Investigating Officer prima facie corroborates that the rape was committed by the petitioner.

Patna High Court Cr.Misc. No.71052 of 2018(4) dt.18-01-2019 3/3 petition, hence, the prayer of the petitioner for grant of regular bail is rejected.

(Mohit Kumar Shah, J) ajay gupta/- U