Pawan Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14402 of 2016 Arising Out of PS.Case No. -135 Year- 2015 Thana -HASANPUR District- SAMASTIPUR ====================================================== Pawan Kumar Sah, Son of Late Sudip Sah @ Sujeet Sah, resident of Village- Kharahia, P.O.- Mangalgarh, P.S.- Hasanpur, District- Samastipur. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Rajeev Kumar Labh For the Opposite Party/s : Mr. Narsing Tanti (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 13-05-2016 Heard the learned counsel for the petitioner and the learned A.P.P representing the State.

The petitioner seeks bail in connection with Hasanpur P.S. Case No. 135 of 2015 registered for the offences punishable under Sections 448, 341, 323, 363, 366, 379, 504 and 506/34 of the Indian Penal Code.

Allegedly, the petitioner and other co-accused named in the first information report along with two to three unknown persons entered into the house of the informant, started assaulting, took away cash of Rs. 50,000/-, ornaments of Rs. 2 lakhs and other articles of Rs. 80,000/- and also kidnapped married daughter of the informant. During investigation, the victim was examined by the police and also under Section 164 of the Code of Criminal procedure wherein

Patna High Court Cr.Misc. No.14402 of 2016 (3) dt.13-05-2016 2/2 she has supported the allegation of kidnapping and further that the petitioner wanted to marry with her which she refused and then she was brought at Guwahati, where the petitioner committed rape with her.

Submission is of false implication and that as a matter of fact, the victim went with the petitioner out of her own sweet will, no offence as alleged is made out, the informant has lodged this case with wrong and false allegation, the victim has sworn affidavit before Notary Public, Saharsa regarding her marriage with the petitioner, but under pressure she changed her version, co-accused Sudip Sah has already been allowed bail vide Criminal Misc. No. 42013 of 2015. The learned A.P.P opposes the prayer of the bail. 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 on bail and accordingly his such prayer stands rejected in connection with Hasanpur P.S. Case No. 135 of 2015 pending in the Court of learned Judicial Magistrate-Ist Class, Rosera, Samastipur.

(Jitendra Mohan Sharma, J) Mishra/- U T