Dilip Sah @ Raju v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55064 of 2016 Arising Out of PS.Case No. -117 Year- 2015 Thana -EKMA District- SARAN ======================================================

1. Dilip Sah @ Raju, Son of Pabhunath Sah, resident of Village- Gopalpur, Police Station- Pachrukhi, District- Siwan.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jeetendra Narayan For the Opposite Party/s : Mr. Sri Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-12-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The application is for grant of bail for the offence under Sections 328, 376 and 34 of the Indian Penal Code as well as Section 3/4 of the Prevention of Children from sexual offences Act (POCSO Act).

It is submitted on behalf of the petitioner that the petitioner has has been falsely implicated in this case and there is no direct allegation against the petitioner.

Heard learned A.P.P. also.

Having heard both sides. From perusal of the impugned order itself, it appears that there are sufficient materials against the petitioner also and commission of rape has been proved in the

Patna High Court Cr.Misc. No.55064 of 2016 (2) dt.23-12-2016 2/2 medical evidence. Considering these aspects of the matter, I am not inclined to grant bail to the petitioner. Hence, his prayer for bail is rejected.

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