Pappu Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12251 of 2016 Arising Out of PS.Case No. -11 Year- 2015 Thana -GOBRAHIA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Pappu Sah Son of Paras Sah, Resident of village- Subhash Nagar, P.S.- Laukariya, District- West Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kr Singh No. 1 For the Opposite Party/s : Mr. Rajiv Nayan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 31-03-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered under Section-376(g) of the Indian Penal Code.

The accusation against petitioner is that he, along with one, Karan Sah committed gang rape upon the informant but admittedly, the present case was lodged after four months of the alleged occurrence.

Submission on behalf of the petitioner is that father of the co-accused; Karan Sah filed complaint petition bearing Complaint Case No. C-40 of 2015 against the informant of the present case as well as against her son and in retaliation to the

Patna High Court Cr.Misc. No.12251 of 2016 (2) dt.31-03-2016 2/2 aforesaid complaint case, the informant brought this false case against the petitioner and co-accused, Karan Sah and as a matter of fact, no such occurrence, as alleged in the first information report, did ever take place.

Taking note of the aforesaid submissions, particularly, keeping in mind that there is delay of four months in lodging the present case and much prior to institution of the present case, father of the co-accused had filed complaint petition against the informant and her son, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Gobrahiya P.S. Case No. 11 of 2015 to the satisfaction of Sri A. Shamim, learned Judicial Magistrate-Ist Class, Bagaha, West Champaran, Bettiah.

(Hemant Kumar Srivastava, J) A.K.V./- U T