IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.9278 of 2011
Tingan Das, S/O-Vishesar Das
Versus
The State Of Bihar
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03 25.07.2011 Heard learned counsel for the petitioner as well as
learned Additional Public Prosecutor for the State.
Petitioner is named in the first information report with
allegation that he along with other co-accused persons entered into the
house of the informant and dragged her to a field where she was
subjected to rape by first information report named accused Munna
Das and after that petitioner also attempted to commit rape on her but
victim raised alarm which attracted the villagers.
The contention of learned counsel for the petitioner is
that there is delay of five days in lodging the first information report
and when the victim was examined by the doctor she was found
customed to sex. So, the aforesaid finding of the doctor clearly
indicates this fact that the informant is a girl of easy virtue and, as a
matter of fact co-accused Munna Das filed a complaint case bearing
Complaint Case No. 1097 C of 2010 against the informant as well as
her other family members and that is the reason the informant has
brought this false case against the petitioner as well as other accused.
Although, learned counsel tried to convince me about
the innocence of the petitioner but I am not, at all, convinced with the
submission of learned counsel for the petitioner. It is a very serious
case and, therefore, considering the nature of offence as well as
allegation levelled against the petitioner, I do not feel it proper to
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release the petitioner on bail.
Accordingly, the prayer for bail of the petitioner in
connection with Muffasil P.S. Case No. 96 of 2010 pending in the
court of Sri Niraj Kumar, Judicial Magistrate, 1st Class Motihari,
stands rejected.
SHAHZAD ( Hemant Kumar Srivastava, J.)