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Patna High CourtCR. MISC./24635/2016rejected

Pratap Prasad v. The State Of Bihar

2016-07-19Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24635 of 2016 Arising Out of PS.Case No. -322 Year- 2015 Thana -JOGAPATTI DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Pratap Prasad S/o Birendra Prasad, Resident of Village- Navalpur, P.S. Yogapatti, Distt.- West Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mira Kumari For the Opposite Party/s : Mr. Navin Kr. Panday (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 19-07-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered under Sections-376D/420/373/374/328 of the Indian Penal Code and Immoral Act 6 & 4 POSCO Act.

There is a very serious allegation against the petitioner as well as other FIR named accused and the informant has very clearly stated in her statement recorded u/S 164 of the Cr.P.C. that she was gang raped by the petitioner and his associates and, after that, she was taken to brothel for sale but anyhow, she got released herself from the clutches of the petitioner and his associates and, lodged the present case.

Patna High Court Cr.Misc. No.24635 of 2016 (3) dt.19-07-2016 2/2 Considering the above-said facts and circumstances of the case as well as submission of the parties, I am not inclined to release the petitioner on bail and accordingly, his prayer for bail in connection with Jogapatti P.S. Case No. 322 of 2015 pending in the court of learned Additional District & Sessions Judge-Ist-cumSpecial Judge, POSCO Act, Bettiah, West Champaran stands rejected.

(Hemant Kumar Srivastava, J) A.K.V./- U T