Patna High CourtCR. MISC./26892/2020bail rejected

Suresh Shah v. The State Of Bihar

2020-10-21Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26892 of 2020 Arising Out of PS. Case No.-94 Year-2020 Thana- CHAPRA MUFFASIL District- Saran ====================================================== SURESH SHAH Son of Late Laddu Sah Resident of Village - Jatua, P.S. - Chapra Muffasil, Dist. - Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhananjay Mishra, Adv.

For the Opposite Party/s :

Mrs. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 21-10-2020 Heard Mr. Mr. Dhananjay Mishra, learned counsel for the petitioner and Mrs. Renu Kumari, Additional Public Prosecutor for the state through video conferencing.

2. Petitioner seeks regular bail in connection with Chapra Mufassil PS Case No. 94/2020 registered for the offence punishable under Sections 376 IPC and 4/6 of POCSO Act.

3. The allegation against petitioner, as per First Information Report, is that the petitioner committed rape upon the informant in the field.

4. Learned counsel for the petitioner submits that the petitioner has been implicated in this case inasmuch as petitioner was working in the field as a labourer and upon demand of his wage, he has falsely been implicated. Learned counsel for the petitioner further submits that the alleged occurrence has taken place on 25.02.2020 and after a delay of

Patna High Court CR. MISC. No.26892 of 2020(2) dt.21-10-2020 2/2 about 3-4 days, the present FIR has been lodged with a concocted story.

5. Learned counsel further submits that petitioner is in custody since 01.03.2020.

6. Having regard to the submissions made by the parties and taking into consideration the material on record, I am not inclined to grant regular bail to the petitioner at this stage. Accordingly, the same is rejected.

7. However, petitioner, if so advised, may renew his prayer for bail after a year from today, if the trial does not record any progress.

(Anil Kumar Sinha, J) perwez U T