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Patna High Court/33344/2021bail rejected

Rakibul Shah v. The State Of Bihar

2021-10-21Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33344 of 2021 Arising Out of PS. Case No.-196 Year-2020 Thana- BISFI District- Madhubani ====================================================== Rakibul Shah Son Of Obair Shah Resident of Village- Balha Chhera Tole, P.S.- Bisfi, District- Madhubani ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Shailendra Kumar Jha, Advocate For the Opposite Party :

Mr. Md. Arif, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-10-2021 Heard learned counsel for the petitioner and the State. The petitioner seeks regular bail in Bisfi Police Station Case No. 196 of 2020 registered for the offences punishable under sections 307/34 and other allied sections of the Indian Penal Code.

As per the prosecution case, the petitioner after consuming alcohol entered the house of the informant, abused her and on protest he gave knife blow on her back. He also assaulted informant's brother repeatedly on his chest, neck and back.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Witnesses examined during course of investigation have not supported the prosecution case. Petitioner has got clean antecedent as stated in paragraph 3 of the bail petition.

Patna High Court CR. MISC. No.33344 of 2021(3) dt.21-10-2021 2/2 Petitioner is in custody since 8.12.2020.

Learned counsel for the State opposes the prayer for bail and submits that the doctor has also found incised wounds on the body of informant's brother caused by sharp cutting weapon.

In view of the specific allegation against the petitioner of giving multiple injuries to the informant's brother, his prayer for bail is refused.

(Prabhat Kumar Singh, J) Shashi U T