Pankaj Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50444 of 2015 Arising Out of PS.Case No. -26 Year- 2015 Thana -BACHWARA District- BEGUSARAI ====================================================== Pankaj Sah, Son of Laxmi Sah, Resident of Village- Jahanpur, Gram Panchayat Bhikamchak, Ward No.9, Near Brahmasthan, Police StationBachhwara, District- Begusarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dinesh Maharaj For the Opposite Party/s : Mr. Anuj Kumar Srivastava (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 30-01-2016 Heard the learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner Pankaj Sah is in custody in Bachhawara P.S. Case No. 26 of 2015 under Section 376 of I.P.C. since 22.06.2015.

According to the prosecution case, the informant alleged that when she was not in the house, the petitioner enticed her daughter and took her to nearby mustard field where he committed rape on her. The daughter of the informant is mentally ill person.

Case diary was called for. The informant in her restatement has supported the case about rape. The victim lady has also been examined by the Court under Section 164 Cr.P.C where

Patna High Court Cr.Misc. No.50444 of 2015 (3) dt.30-01-2016 2/2 she is able to say only that Yesterday the petitioner had come to the informant's house and had taken her to field and that is the informant's case.

In view of the above facts and circumstances of the case, I am not inclined to grant bail to this petitioner. Hence, this bail application is dismissed.

(Mungeshwar Sahoo, J) ravi/- U