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Jharkhand High Court
Manik Karmkar vs The State Of Jharkhand on 1 November, 2014
            IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                 ---
                      B.A.No. 7630 of 2014
                                -----
            Manik Karmakar                    ... Petitioner.

                                      Versus

             State of Jharkhand                   ... Opposite Party.
                                 ---
          CORAM        : HON'BLE MR. JUSTICE AMITAV K. GUPTA
                                 ---
          For the Petitioner     :M/s.Pratiush Lala, Advocate.
          For the State          : A.P.P.
                                 -----
05/01.11.2014

Heard learned counsel for the petitioner and
learned counsel for the State.

Learned counsel for the petitioner has submitted
that the informant i.e. the mother and father of the victim girl have been
examined as P.Ws.1 and 2 and they have not supported the allegation of
commission of rape by this petitioner on their daughter; that in the
medical evidence also there is no material to corroborate the allegation of
rape.

Learned counsel for the State has opposed the
prayer for bail and submitted that the examination of the victim lady
would only reveal whether occurrence had taken place or not and in her
statement recorded under Section 164 Cr.P.C. the victim lady has stated
about the commission of rape by this petitioner.

Regard being had to the facts and circumstances
of the case, I am not inclined to grant bail to the petitioner. Accordingly,
the prayer for bail of the petitioner is hereby rejected.

The trial court shall expedite the trial and take
coercive steps for procuring the attendance of the victim lady. It is made
clear that if the victim lady is not examined within six months from the
date of this order petitioner is at liberty to renew his prayer in the trial
court.

(Amitav K. Gupta, J.)

Biswas


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