Upendra Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51249 of 2014 Arising Out of PS.Case No. -37 Year- 2012 Thana -MOHAMMADPUR District- GOPALGANJ ====================================================== Upendra Sah Son of Baleshwar Sah, R/o Village Dumaria, p.S. Mohammadpur, District Gopalganj .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 01-06-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Mohammadpur P.S. Case No. 37 of 2012 (G.R. No. 1505 of 2012) registered under sections 302/201/34 of the I.P.C. pending in the Court of Chief Judicial Magistrate, Gopalganj. The allegation of the informant against the petitioner is about enticing away the minor daughter of the informant and committing rape coupled with murder.

Learned counsel appearing on behalf of the petitioner submits that the petitioner has falsely been implicated in this case by the informant in order to grab the landed properties in her Maika. It is also submitted that in fact, victim, Reena Kumari, died during the course of treatment at Kolkata and her dead body was

Patna High Court Cr.Misc. No.51249 of 2014 (2) dt.01-06-2015 2/2 cremated there itself.

Having considered the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. Accordingly, the application of the petitioner for anticipatory bail stands rejected.

However, petitioner is directed to surrender before the Court below within a period of four weeks and pray for regular bail, which shall be decided in accordance with law without being prejudiced by this order.

(Rajendra Kumar Mishra, J.) Shail/- U T