Subodh Sah @ Subodh Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.67308 of 2018 Arising Out of PS. Case No.-103 Year-2016 Thana- SHAMBHUGANJ District- Banka ====================================================== Subodh Sah @ Subodh Kumar Sah S/o Late Shiv Sah R/o-Aaraji Karshop P.S.-Shambhuganj District-Banka ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Dinesh Kumar Gupta For the Opposite Party/s :

Mr. Kanhaiya Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-11-2018 Earlier prayer for bail of the petitioner was rejected by this Court twice vide order dated 9.1.2017 passed in Cr.Misc.No. 54675 of 2016 and vide order dated 23.8.2017 passed in Cr.Misc.No. 36725 of 2017 and allegation against the petitioner is of committing rape upon the informant, who happened to be minor.

Submission of learned counsel for the petitioner is that till date not a single witness has been examined in this case and petitioner is in custody for the last two years and further Annexure-4 which is CDR location, shows that the victim girl was present at that time at Sultanganj and not at the place of occurrence and that falsifies the prosecution case. It is also submitted that medical report does not support the prosecution case.

Patna High Court Cr.Misc. No.67308 of 2018(2) dt.28-11-2018 2/2 Heard learned APP also, who has opposed the prayer for bail.

Having heard both sides and in the facts and circumstances, as stated above, I am not inclined to grant bail to the petitioner.

Accordingly, this application is dismissed.

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