Ranjan Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50502 of 2015 Arising Out of PS.Case No. -54 Year- 2014 Thana -JAYNAGAR District- MADHUBANI ====================================================== Ranjan Kumar Sah Son of Vijay Kumar Sah @ Vijendra Prasad Sah resident of village - Korahiya, P.S. Jaynagar, District - Madhubani .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Bimlesh Kumar Pandey For the Opposite Party/s : Mr. Bhanu Pratap Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 03-02-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P. for the State.

The petitioner seeks bail in a case for the offence punishable under section 366 of the I.P.C.

Allegedly, Kumari Prabha, the daughter of the informant was kidnapped when she was going to attend the school by the petitioner, co-accused and other family members. During investigation, the victim appeared and her statement has been recorded under section 164 Cr.P.C. wherein she has alleged regarding kidnapping and further that the petitioner and coaccused Chandan Sah committed rape with her continuously for eight days.

Submission is of false implication and that the victim

Patna High Court Cr.Misc. No.50502 of 2015 (3) dt.03-02-2016 2/2 is major one and she has performed marriage with the petitioner out of her own sweet will and in this regard has sworn affidavit also, the petitioner has filed suit for restitution of conjugal rights against the victim, medical evidence does not corroborate the allegation of rape and as such the petitioner, who is suffering in custody since 25.8.2015, deserves sympathetic consideration to which the learned A.P.P. duly assisted by the learned counsel for the informant opposes prayer for bail by submitting that the victim has supported the allegation of rape also in her statement recorded under section 164 Cr.P.C.

In the facts and circumstances stated above, considering the allegation attributed against the petitioner, serious and heinous in nature, this Court is not inclined to enlarge the petitioner on bail and accordingly his such prayer stands rejected in connection with Jaynagar P.S. Case No.54 of 2014 pending in the court of S.D.J.M., Madhubani.

(Jitendra Mohan Sharma, J) N.H./- U T