----- For the Petitioner : Mr. Rahul Kumar, Adv. For the State : Mrs. Vandana Bharti, APP For the Informant : Mr. S.K. Murtty, Adv.
----- 03/03.07.2017 Heard the learned counsel appearing for the parties and perused the documents on record. Contending that no external injury has been found on the person of the victim and on her statement Giridih Sadar (Bengabad) P.S. Case No.55 of 2017 has been lodged, the learned counsel for the petitioner submits that the petitioner has been falsely implicated for the offences under Section 376 of I.P.C. I find that there is an allegation that threatening the victim with a knife the petitioner committed rape upon her. She is a married woman with a 3 year old child. Obviously, when she was sleeping with her minor child due to threat of injury she could not have raised alarm, immediately. She has stated that the accused was caught by the villagers while fleeing away from the place of occurrence and his name was disclosed by her father-in-law. The contention, that the F.I.R. has been lodged after inordinate delay, inasmuch as, the occurrence took place in the midnight whereas, after the police arrived at the place of occurrence the F.I.R. was not promptly lodged rather, it was lodged at 1.35 p.m., is bereft of substance. The distance between the place of occurrence and the police station is 10. K.M. Having regard to the facts and circumstances of the case, I am not inclined to grant bail to the petitioner and accordingly, this application is rejected. (Shree Chandrashekhar, J.) sudhir
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