Surendra Sah v. The State Of Bihar

Patna High Court Cr.Misc. No.54238 of 2015 (4) dt.23-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54238 of 2015 Arising Out of PS.Case No. -79 Year- 2014 Thana -DARPA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Surendra Sah, S/o Sipahi Sah Resident of village- Baishakhwa, P.S.- Darpa, District- East Champaran.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Ajay Kumar Singh For the State : Mr. Bhanu Pratap Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 23-02-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner has been arrested in connection with Darpa P.S. Case No. 79 of 2014 G.R. No. 808 of 2014 registered under Sections 366A, 376 and 120B of the Indian Penal Code. Learned counsel for the petitioner submits that there is delay in lodging the F.I.R and it has been lodged after one month from the date of occurrence. It is further asserted that there is no mention regarding rape in the F.I.R and in further statement of the victim. It is further submitted that statement of the victim recorded after five months from the date of occurrence in which she also levelled allegation of rape against the petitioner, but no such statement of the victim was recorded before the police.

Patna High Court Cr.Misc. No.54238 of 2015 (4) dt.23-02-2016 Having regard to the facts and circumstances of the case, I am not inclined to grant bail to the petitioner. Accordingly, his prayer for bail is rejected at this stage.

m.p.

(Gopal Prasad, J) U T