Patna High CourtCR. MISC./29369/2018dismissed

Ramchalitra Sah @ Ramcharitra Sah And ORS v. The State Of Bihar

2018-07-06Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29369 of 2018 Arising Out of PS.Case No. -8 Year- 2018 Thana -MAHILA P.S District- SUPAUL ======================================================

1. Ramchalitra Sah @ Ramcharitra Sah Son of Late Jokhan Sah

2. Ramprit Sah @ Rampirit Sah Son of Late Nathu Sah

3. Jayprakash Sah Son of Late Laddu Sah All Residents of Village & Post Office- Hariyahi Police Station Nirmali, District- Supaul. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Sanjeev Verma For the Opposite Party/s : Mr. Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-07-2018 Heard learned counsel for the petitioners.

Petitioners apprehend their arrest in connection with Supaul Mahila P.S.Case No. 08 of 2018 registered for the offences punishable under Sections 376, 448 and 34 of the Indian Penal Code.

Allegation against the petitioners is that they have entered into the house of the informant and on the point of pistol they have committed rape upon her and thereafter informant assaulted petitioner No.1 on his private part, causing injury to him and when alarm was raised, villagers assembled the petitioners were identified.

Submission of learned counsel for the petitioners is that

Patna High Court Cr.Misc. No.29369 of 2018 (3) dt.06-07-2018 2/2 prior to the present case a case has been filed by petitioner No.1 against the informant and after 11 days the present case has been filed and there is no injury report available on record. Heard learned APP also, who has opposed the prayer for anticipatory bail.

Having heard both sides and in the facts and circumstances, I am not inclined to grant privilege of anticipatory bail to the petitioners, rather petitioners to surrender and make prayer for regular bail.

With the above observation, this application is dismissed. (Vinod Kumar Sinha, J) spal/- U