Karan Sah v. The State Of Bihar

Patna High Court Cr.Misc. No.3960 of 2016 (3) dt.29-03-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3960 of 2016 Arising Out of PS.Case No. -11 Year- 2015 Thana -GOBARHIA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Karan Sah S/o Uma Sah, Resident of Village - Naurangia Don, P.S. - Gobarahiya, Don, District - West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raghwanand, Advocate For the Opposite Party/s : Mr. Renu Kumari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 29-03-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Gobrahiya P.S. Case No. 11 of 2015 registered for the offence punishable under Section 376(G) of the Indian Penal Code. Allegedly, the petitioner and co-accused committed rape with the informant one after another and further took photo through mobile and started pressurizing the informant to handover her daughter and daughter-in-law otherwise to download the photo on internet.

Submission is of false implication and that FIR has been lodged after much delay, prosecution story appears not

Patna High Court Cr.Misc. No.3960 of 2016 (3) dt.29-03-2016 probable and reliable, there is no cogent and tangible material against the petitioner, the father of the petitioner has lodged complaint case against the informant and others and due to that the informant has been implicated falsely. The petitioner without any fault is suffering in custody and, as such, he deserves sympathetic consideration to which the learned A.P.P. seriously opposes by submitting that the statement of the victim informant has been recorded under Section 164 Cr.P.C., wherein she has supported the allegation.

In the facts and circumstances stated above, considering the allegation attributed against the petitioner serious in nature, this Court is not inclined to enlarge the petitioner on bail and accordingly, his such prayer stands rejected. (Jitendra Mohan Sharma, J) sushma/- U T