Kishori Sah v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 39468 of 2018 Arising Out of PS. Case No.-77 Year-2017 Thana- Sursand District- Sitamarhi ====================================================== Kishori Sah, Son of Late Dukhharan Sah, Resident of Village- Bhawanipur, P.S.- Singhwara, District- Darbhanga.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Chandni, Daughter of Late Bakrid, Resident of Village- Bharwara, P.S.- Singhwara, District- Darbhanga.

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

For the Petitioner/s :

Mr. Birendra Kr. Sinha, Sr.Adv.

Mr. Rajnandan Kumar For the Opposite Party/s :

Mr. Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

19-09-2018 Heard Sri Birendra Kumar Sinha, learned senior counsel assisted by Sri Rajnandan Kumar, learned counsel for the petitioner and Sri Sanjay Kumar Singh, learned Addl. Public Prosecutor.

This is the 3rd attempt for grant of bail on behalf of the petitioner. The petitioner is in custody in Sursand P.S. Case No. 77 of 2017 registered for offence under Sections 363, 366, 376D/34 of the Indian Penal Code, Section 67(a), 67(b) of the Information Technology Act, 2000 and Section 30(a) of Bihar Prohibition and Excise Act, 2016.

Considering the seriousness of the accusation, on earlier two occasions, this Court has rejected the prayer for bail.

Patna High Court Cr.Misc. No.39468 of 2018(2) dt.19-09-2018 2/2 Again same prayer is being reiterated on the plea that in the case, since rape was allegedly committed in abroad i.e. in Nepal, the court below has sought for sanction from the District Magistrate.

Be that as it may, in view of the fact that twice on merit, the prayer for bail has been rejected, considering the seriousness of the accusation, there is no reason to review my earlier order.

The prayer for bail again stands dismissed.

(Rakesh Kumar, J.) anay U T