Kurban v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71553 of 2019 Arising Out of PS. Case No.-79 Year-2019 Thana- MAHILA P.S. District- Araria ====================================================== 1.

KURBAN S/o Jharen Resident of Village- Matiyari, P.S.- Jokihat, DistrictAraria. 2.

Ali Hassan S/o Zahid Resident of Village- Matiyari, P.S.- Jokihat, DistrictAraria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar Rana, Advocate For the Opposite Party/s :

Mr. Vinod Shanker Modi, A.P.P.

====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 19-11-2019 Heard learned counsel for the petitioners, learned counsel for the informant and learned Additional Public Prosecutor on behalf of the State.

The petitioners are in custody since 22.07.2019, in connection with Araria Mahila P.S. Case No. 79 of 2019 for the offenses under Sections 147, 149, 341, 342, 354(B), 376d, 323 of Indian Penal Code.

Learned counsel for the petitioner submits that the entire allegation is false and frivolous.

The present case is registered under Section 376d and the allegations are quite grievous in nature. It is also apparent from the statement made by victim lady under Section 164 Cr.P.C.

Patna High Court CR. MISC. No.71553 of 2019(2) dt.19-11-2019 2/2 that she had been gang raped by the accused persons. Considering the aforementioned statement which stands elaborated as per prosecution story, I am not inclined to grant bail to the petitioners. It is, accordingly, rejected. Trial of the case be expedited so as to conclude positively within a period of six months from today. (Anjana Mishra, J) uma/- U T