Patna High CourtCR. MISC./37026/2017dismissed

Samiullah @ Shamiullah v. The State Of Bihar

2017-08-31Mr. Justice Vinod Kumar Sinha2 pages

Patna High Court Cr.Misc. No.37026 of 2017 (3) dt.31-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37026 of 2017 Arising Out of PS.Case No. -49 Year- 2016 Thana -RAMGARHWA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Samiullah @ Shamiullah Son of Sk. Gyas Mohammad, Resident of Village- Jumari Tola, Police Station Ramgarhwa, District East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Adya Singh For the Opposite Party/s : Mr. Sri Ashok Kumar Singh For Informant : Mr. Amresh Pd. Sinha. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 31-08-2017 The petitioner seeks regular bail in connection with Ramgarhwa P.S. Case No. 49 of 2016, registered for offences punishable under Sections 376/511, 341, 342, 354(A), 354 (B), 504 and 506 of the Indian Penal Code.

Allegation against the petitioner is of trying to commit rape on the informant.

It has been submitted on behalf of the petitioner that he has falsely been implicated in this case and in fact there was love affair between the parties and it is the informant, who called the petitioner to marry her. Further petitioner has been in judicial custody for last fourteen months.

Learned counsel for the State opposed the prayer for bail

Patna High Court Cr.Misc. No.37026 of 2017 (3) dt.31-08-2017 and submitted that there are sufficient materials available on record to support the case of the prosecution. Having heard both sides, it appears that the case is committed to the court of sessions and It further appears that the case is pending for framing of charge as a petition has been filed by other co-accused person to prefer revision and further considering the fact and circumstances of the case and nature of allegation at present, I am not inclined to release the petitioner on bail.

However, the petitioner may renew his prayer for bail after examination of informant in this case.

(Vinod Kumar Sinha, J) sunil/- U T