Shyam Sunder Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14334 of 2015 Arising Out of PS.Case No. -68 Year- 2013 Thana -MAHILA P.S. DistrictSAHARSA ====================================================== Shyam Sunder Sharma Son of Baldeo Sharma @ Muve Sharma Resident of Village - Surmatha, Tola - Koeriyani Bazraha, P.S. - Sour Bazar, District - Saharsa.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ramesh Singh, Adv. For the Opposite Party/s : Mr. Ahmad Ali (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 11-05-2015 Heard both sides.

The petitioner apprehends his arrest in Mahila Thana Saharsa P.S. Case no. 68 of 2013, registered for the offences punishable under Section 376 and other Sections of the Indian Penal Code. The prosecutrix made allegation that the petitioner committed rape with her.

It is submitted that the case was lodged after three weeks of the occurrence. Later on the prosecutrix filed a petition that she could not identify the accused on account of darkness. Considering the facts aforesaid and nature of allegation made against the petitioner, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected. (Prabhat Kumar Jha, J.) Rakhi/- U T