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Patna High Court - Orders

Ram Swarup Yadav vs The State Of Bihar on 16 November, 2016

Bench: Samarendra Pratap Singh, Aditya Kumar Trivedi

                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                                    Criminal Appeal (DB) No.400 of 2016
                          Arising Out of PS. Case No. -35 Year- 1996 Thana -ROH District- NAWADA
                 ======================================================
                 Ram Swarup Yadav, son of Gainu Yadav, resident of village- Chakbara,
                 P.S.- Roh, District- Nawada
                                                                        .... .... Appellant
                                                  Versus
                 The State of Bihar
                                                                       .... .... Respondent
                 ======================================================
                 Appearance :
                 For the Appellant/s     :   Mr. Gauri Shankar Prasad, Advocate
                 For the Respondent/s : Mr. Shivesh Chandra Mishra (App)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP
                 SINGH
                            and
                            HONOURABLE MR. JUSTICE ADITYA KUMAR
                            TRIVEDI
                 ORAL ORDER
                 (Per: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP
                 SINGH)

6   16-11-2016

Ref.: I. A. No. 2064 of 2016 Heard learned counsel for the appellant and the State. The appellant has been convicted under Section 376 of the Indian Penal Code for raping a girl, who was affected with Polio.

Learned counsel for the appellant submits that the F.I.R. has been lodged after one month of the occurrence and the medical report does not support any sign of rape.

In view of the evidence appearing against the appellant in course of trial, we are not inclined to grant bail to him. Accordingly, his prayer for grant of bail is rejected. Patna High Court CR. APP (DB) No.400 of 2016 (6) dt.16-11-2016 2/2

I. A. No. 2064 of 2016 stands disposed of.

(Samarendra Pratap Singh, J.) (Aditya Kumar Trivedi, J.) Uday/-

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