IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44280 of 2009 GAUTAM KUMAR, Son of Nawal Singh, Resident of village Daulatpura, P.S. Sitamarhi, District Nawada ….. Petitioner Versus STATE OF BIHAR … Opposite Party ----------- For the petitioner : Mr. A.K.Thakur, Advocate For the S t a t e : Mr. Uma Shankar Pd. Singh, A.P.P. For the informant : Mr. Arun Kumar , Advocate ------- 4 08.03.2010 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant. The petitioner is an accused in a case registered under Sections 376 of the Indian Penal Code . Initially a complaint case was filed alleging commission of rape upon the complainant by the petitioner with the help of other accused persons, which was sent to the police for investigation under section 156(3) of the Code of Criminal Procedure (hereinafter to be referred to as “the Code”) and thereafter first information report was instituted. It is submitted on behalf of the petitioner that there was delay in filing of the complaint case, - 2 - which remains unexplained. In the statement of the informant recorded under Section 161 of the Code she has not named the petitioner and in the statement of the mother-in-law of the informant recorded under Section 164 of the Code, she has stated that though she had seen the occurrence but the names were disclosed by the villagers. Thus, it is urged that the petitioner should have been put on T.I. parade, which has not been done. Petitioner is stated to be in custody since 2.9.2009. Learned counsel appearing on behalf of the informant, on the other hand, stated that the delay in filing the complaint case has been explained during the subsequent stages and the statement of the mother-in-law of the victim recorded under Section 164 of the Code clearly goes to show that upon alarm raised the villagers also assembled and had also seen the persons fleeing away and identified them as Gautam Kumar and Rajesh Pandey. Thus, it is submitted that there is no ambiguity with regard to the identification of the - 3 - accused person. Having regard to the facts and circumstances of the case, the nature of allegation set up in the complaint / first information report as well as the statement of the mother – in – law of the victim recorded under Section 164 of the Code giving graphic account of suffering of the victim girl, I am not inclined to grant bail to this petitioner. As a result, this application is dismissed at this stage. Spd/ (Dr. Ravi Ranjan, J.)