Shri Kishun Ram @ Sri Krishan Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35778 of 2018 Arising Out of PS.Case No. -17 Year- 2017 Thana -MAHILA PS District- GOPALGANJ ======================================================

1. Shri Kishun Ram @ Sri Krishan Ram, S/o Late Bandhu Ram, R/o Village- Bairauna Chamar Toli, P.S.- Bhore, District- Gopalganj. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Amit Kumar Rakesh, Advocate For the Opposite Party/s : Mrs. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 21-08-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is in custody in connection with Gopalganj Mahila P.S. Case No.17 of 2017, a case under Section 376(2)(h)/34 of the Indian Penal Code and Sections 3/4/5/6/7/8 of the POCSO Act, pending in the Court of learned Additional Sessions Judge-I, Gopalganj.

Allegation against the petitioner is of commission of rape against the two minor girls. Both have supported the allegation in their statement under Section 164 Cr.P.C. Submission is that the doctor has not found any sign of sexual assault on medical examination of any of the victim. False statement is there due to political reason.

Patna High Court Cr.Misc. No.35778 of 2018 (3) dt.21-08-2018 P2/ Considering the fact that at this stage, there is nothing to disbelieve the statement of the victim; I am not inclined to enlarge the petitioner on bail, who is in custody since 17.03.2018. Hence, the prayer for bail is refused. The learned trial Court is directed to expedite the trial.

(Birendra Kumar, J) Mkr./- U T