Jhajee @ Nagendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6703 of 2016 Arising Out of PS.Case No. -148 Year- 2015 Thana -MAHILA P.S. District- NALANDA (BIHARSHARIFF) ====================================================== Jhajee @ Nagendra Singh Son of Suresh Singh, Resident of village - Allaudiya, P.S. Manpur, District - Nalanda .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Anil Kumar No.1, Advocate.

For the Opposite Party : Ms. Asha Devi(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 08-04-2016 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Mahila P.S. Case No. 148 of 2015, registered for the offence punishable under Section 376 of the Indian Penal Code.

Allegedly the petitioner after taking away Gunjan Devi who is mentally weak committed rape with her at village Allaudiya.

Submission is of false implication and that during medical examination no evidence of sexual intercourse has been found. Some of the witnesses also have not supported the prosecution version and the informant taking the advantage of

Patna High Court Cr.Misc. No.6703 of 2016 (3) dt.08-04-2016 2/2 mental weakness of her daughter has lodged this false case as from earlier there was dispute.

The learned APP opposes the prayer of bail by submitting that the informant has lodged the case at once and there is serious allegation against the petitioner. In the facts and circumstances stated above, considering the allegation attributed against the petitioner serious in nature, I am not inclined to enlarge the petitioner above named on bail in connection with Mahila P.S. Case No. 148 of 2015, pending in the court of the learned Chief Judicial Magistrate, Nalanda at Bihar Sharif. Accordingly, his such prayer stands rejected. (Jitendra Mohan Sharma, J.) KKSINHA/- U T