Kapil Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44608 of 2024 Arising Out of PS. Case No.-18 Year-2024 Thana- CHANDRADIP District- Jamui ====================================================== KAPIL SAH SON OF JAYNARAYAN SAH @ PANDU SAH @ PANDU VILLAGEDHAWATAND POCHANDRAMANDIH PSCHANDRAMANDIH DIST- JAMUI ... ... PETITIONER/S
VERSUS
1.
THE STATE OF BIHAR 2.
ARTI KUMAR WIFE OF CHANDAN SHARAM, W/O- KAPIL SAH VILLAGE- DHAWATAND PS- CHANDRAMANDIH DIST- JAMUI ... ... OPPOSITE PARTY/S ====================================================== Appearance :
For the Petitioner/s :
Mr. Pankaj Kumar Sinha, Advocate For the Opposite Party/s :
Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-07-2024 Heard learned counsel for the petitioner and the State .
2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 376, 379, 452 and 511 of the Indian Penal Code .
3. As per the prosecution case , petitioner is alleged to have attempted to commit rape with the victim on the point of knife and scissor and thereafter snatched gold chain of the
Patna High Court CR. MISC. No.44608 of 2024(2) dt.25-07-2024 2/3 informant.
4. Learned counsel for the petitioner submits that the entire prosecution case is false and concocted and petitioner has been implicated in this case due to land dispute between the parties. The alleged occurrence tok place on 11.02.2024 at 11 PM but F.I.R., was lodged on 16.02.2024 for which there is no plausible explanation . In fact during investigation , victim came to know about this petitioner through her father-in-law and mother-in-law . Victim in her statement recorded under Section 161 Cr. P . C . has disclose her age about 18 years and did not take the name of this petitioner. Though the occurrence took place at about 11 PM in night but there was no source of identification . Rest of the allegation is ornamental in nature . Petitioner claims clean antecedent.
5. Learned counsel for the State opposes the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned JM 1st Class Jamui in connection with Chandramandih
Patna High Court CR. MISC. No.44608 of 2024(2) dt.25-07-2024 3/3 P.S. case No. 18 of 2024 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure . (Prabhat Kumar Singh, J) Koushik/- U T