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Patna High CourtCR. MISC./55169/2017dismissed

Sanjay Kumar v. The State Of Bihar

2017-12-22Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55169 of 2017 Arising Out of PS.Case No. -351 Year- 2014 Thana -BARACHATTI District- GAYA ====================================================== Sanjay Kumar son of Sri Prayag Yadav resident of village Jhanjhi P.S. Barachatti, District Gaya.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Paras Nath For the Opposite Party/s : Mr. Sri Braj Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 22-12-2017 The petitioner seeks bail in connection with Barachatti P.S. Case No. 351 of 2014 dated 31.07.2014 which was initially instituted for the offence under Sections 363, 365/34 of the Indian Penal Code but later Section 376 of the Indian Penal Code was also added.

Though the petitioner is not named in the F.I.R but during the course of investigation, his name transpired. The victim in her statement under Section 164 Cr. P.C has clearly stated that the petitioner locked the victim inside a room and did not provide food to her. He also made several attempts to commit rape on her and on many occasions became successful in doing so. He is also alleged to have instigated one of the co-accused Jitendra Kumar to abandon the victim.

Patna High Court Cr.Misc. No.55169 of 2017 (3) dt.22-12-2017 2/2 Considering the allegation against the petitioner, this Court is not inclined to grant bail to him. The prayer for bail of the petitioner is rejected. (Ashutosh Kumar, J) Shageer/- U T