Rabindra Sharma @ Rabindra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80982 of 2019 Arising Out of PS. Case No.-35 Year-2019 Thana- MAHILA PS District- Jehanabad ====================================================== RABINDRA SHARMA @ RABINDRA SINGH Son of Late Mohan Sharma Resident of Village - Sendhawa, P.S.- Parasbigha, District - Jehanabad. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rakesh Ranjan For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-09-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Jehanabad Mahila P.S. Case No. 35 of 2019 instituted for the offences under Sections 457, 341, 323, 307, 379, 504, 376(D), 427 and 34 of the Indian Penal Code.

The prosecution case in short is that the accused persons entered into the house of the informant and started assaulting his father whereafter accused persons committed rape was committed on the wife and the mother of the informant.

Patna High Court CR. MISC. No.80982 of 2019(5) dt.02-09-2020 2/2 It has been submitted on behalf of the petitioner that the petitioner is in custody since 30.06.2019 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been implicated in the present case. There is admitted land dispute between the parties and for the said reason, the petitioner has been made accused in the present case.

On behalf of the State and the informant, it is submitted that the petitioner is named in the F.I.R. The petitioner is alleged to have committed rape. The medical report also supports the allegation made in the F.I.R.. Two ladies are said to have been raped by the accused persons including the petitioner.

Considering the nature of allegation, I am not inclined to grant bail to the petitioner. The same is rejected. The Trial Court is directed to take all necessary steps to expedite the trial at the earliest preferably within nine months from the date of receipt/production of a copy of this order. (Sudhir Singh, J) Pankaj/- U T