Rajesh Sah @ Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6329 of 2023 Arising Out of PS. Case No.-201 Year-2022 Thana- MANJHAGARH District- Gopalganj ====================================================== RAJESH SAH @ RAJESH KUMAR Son of Kashi Nath Sah @ Kashi Sah Resident of village - Madhu Sareya, P.S.- Manjhagarh, District - Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Akhilesh Kumar For the Opposite Party/s :

Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 364, 365, 376,302 & 201/34 of the Indian Penal Code.

All the F.I.R. named accused persons including this petitioner are said to have kidnapped the daughter of the informant, committed rape against her and killed her. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case due to local village politics and grudge. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is inordinate and abnormal delay of eight months in

Patna High Court CR. MISC. No.6329 of 2023(2) dt.05-05-2023 2/3 lodging the complaint petition without assigning any plausible and convincing reason for the said delay, which creates serious doubt about the prosecution case. As a matter of fact, the daughter of informant eloped with one Rajdoot Kumar Sah and performed marriage with him and now both are living in Andhra Pradesh. It is further stated that the daughter of the informant died on 17/18.10.2021 at the rented room in Andhra Pradesh and the said Rajdoot Sah surrendered before the Andhra Pradesh police and confessed his guilt. It is further stated that the petitioner has no concern with the aforesaid occurrence and he has been made accused in this case only with a mala fide intent to ruin his academic career because he has just passed the intermediate examination.

Petitioner has no criminal antecedent as mentioned in para-3 of this application. Having regard to the facts and circumstances of the case as well as the fact that the main accused is in judicial custody and has confessed his guilt, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.6329 of 2023(2) dt.05-05-2023 3/3 where the case is pending/successor Court in connection with Manjhagarh P.S. Case No. 201 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Trivedi/- U T