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Patna High CourtCR. MISC./3462/2019dismissed

Bali Sah @ Baliram Sah v. The State Of Bihar

2019-03-11Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3462 of 2019 Arising Out of PS. Case No.-409 Year-2018 Thana- SAKRA District- Muzaffarpur ====================================================== Bali Sah @ Baliram Sah son of Late Sumangal Sah Resident of VillageShankarpur, P.S.- Sakra, District- Muzaffarpur ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sarvan Kumar For the Opposite Party/s :

Mr. Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-03-2019 This is an application for grant of anticipatory bail in connection with Sakra P.S. Case No. 409 of 2018, disclosing offences under Section 376 of the Indian Penal Code. Allegation against the petitioner is of committing rape upon the informant.

Submission of learned counsel for the petitioner is that the whole prosecution case does not appear to be believable as the petitioner is resident of another village and there is also difference between the time of occurrence and lodging of the case.

Heard learned A.P.P. also, who opposed the prayer for anticipatory bail of the petitioner on the ground that the medical report shows rupture of vagina.

Having heard both sides, in view of the facts and

Patna High Court CR. MISC. No.3462 of 2019(4) dt.11-03-2019 2/2 circumstances of the case, I am not inclined to grant anticipatory bail to the petitioner.

Accordingly, this application is dismissed.

(Vinod Kumar Sinha, J) Amjad/- U T