Shambhu Hazara vs The State Of Bihar on 25 October, 2011

                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Cr.Misc. No.284 of 2011
                           Shambhu Hazara, S/O-Late Ramayan Hazara
                                             Versus
                                     The State Of Bihar
                                           -----------

06 25.10.2011 Heard learned counsel for the petitioner as well as

learned Additional Public Prosecutor for the State.

Petitioner is an accused of an offence registered under

Section 376 and other minor Sections of the Indian Penal Code.

It is a case of gang rape and there is specific allegation

against the petitioner that he raped the informant.

The contention of learned counsel for the petitioner is

that, as a matter of fact, some railway officials have done a conspiracy

and set up the informant who happens to be a vagabond lady and got

lodged this present case against the petitioner who is a forest guard

and witness in a case lodged against above stated railway officials and

others. It is further contended by him that the medical report of the

victim also does not support the prosecution case.

Considering the aforesaid facts and circumstances as

well as nature of the offence, I do not feel it proper to release the

petitioner on bail. Accordingly, his prayer for bail in connection with

Narkatiaganj Rail G.R.P. P.S. Case No. 34 of 2009 pending in the

court of Railway Judicial Magistrate, Bettiah, West Champaran is,

hereby, rejected.

     SHAHZAD                               ( Hemant Kumar Srivastava, J.)