Patna High CourtCR. MISC./889/2017dismissed

Pramod Kumar Sah v. The State Of Bihar

2017-02-02Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.889 of 2017 ====================================================== Pramod Kumar Sah, son of Sri Yugal Sah, resident of Sipara Matkhan, P.S.- Beur, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Singh, Advocate For the Opposite Party/s : Mr. Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 02-02-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The Petitioner seeks bail in Sessions Trial No.814 of 2016 arising out of Beur P.S. Case No.222 of 2016 instituted for the offence under Section(s) 376, 201 Indian Penal Code pending before the Additional Sessions Judge, X, Patna. From the written report, it appears that there is specific allegation against this petitioner of committing rape with the Informant. She wanted to commit suicide but on cry of her daughter, the neighbours came and saved her. Statement of the minor daughter of victim, Komal Kumari, aged 7 years is available at para 9 of the Case Diary, wherein, she has fully supported the case and stated that her mother was trying to commit suicide and was saying that the petitioner has committed illegal acts with her. Similar statements have been made by the witnesses

Patna High Court Cr.Misc. No.889 of 2017 (3) dt.02-02-2017 2/2 in para 6, 7 and 8 of the Case Dairy. The victim in her statement under Section 164 Cr. P. C. has supported the case and levelled specific allegation of committing rape with her and also forced her to wash the cloths after giving threat.

In such circumstances, this Court is not inclined to grant bail to the petitioner.

Prayer is rejected.

However, the petitioner may renew his prayer for bail after six months if no substantial progress is made in the case. (Sanjay Priya, J) JA/- U T