Santosh Rai v. The State Of Bihar

Patna High Court Cr.Misc. No.46389 of 2016 (2) dt.24-10-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46389 of 2016 Arising Out of PS.Case No. -131 Year- 2012 Thana -AMARPUR District- BANKA ====================================================== Santosh Rai son of late Banarsi Rai, resident of village Jankipur, PO-Pawai, PO-Amarpur, District-Banka.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Ajay Mukherjee For the Opposite Party/s : Sri Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 24-10-2016 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking bail in connection with Amarpur P.S. Case No. 131 of 2012 registered for offences under sections 341, 323, 376/34 of the Indian Penal Code.

As per the first information report, the accused persons committed rape one by one upon a deaf and dumb girl. The counsel for the petitioner submits that this case has been lodged as a counter blast on account of the fact that the father of the victim and husband of the informant is an accused in Amarpur P.S. Case No. 76 of 2012 and in order to settle the dispute, this case has been lodged. One thing is there, the offence has been committed in the year 2012 and the petitioner has

Patna High Court Cr.Misc. No.46389 of 2016 (2) dt.24-10-2016 surrendered in the year 2016, four years he remained absconder. Looking to the entire facts and circumstances of the case, this Court is not inclined to grant bail to the petitioner. Accordingly, this petition is dismissed.

(Shivaji Pandey, J) Mahesh/- U T