Tapeshwar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10251 of 2017 Arising Out of PS.Case No. -120 Year- 2016 Thana -AURAI District- MUZAFFARPUR ====================================================== Tapeshwar Sah Son of Mahendra sah Resident of Village-Atrar P.S. Aurai District Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhavesh Kumar For the Opposite Party/s : Mr. Sunil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-03-2017 Heard the parties.

This application is for grant of bail in connection with Aurai P.S.Case No.120 of 2016 for the offence under Section 376 (D) of the Indian Penal Code.

It is submitted on behalf of the petitioner that there is inconsistency in the evidence of the victim lady between the F.I.R. as well as re-statement and the statement recorded under Section 161 of the Cr.P.C. and admittedly there is dispute with regard to Panchayat Election. The petitioner is in custody since 06.01.2017 Heard learned A.P.P. and the learned counsel for the informant. They have opposed the prayer for bail. Having heard both sides and from perusal of the F.I.R. itself, it appears that there is allegation against this petitioner also,

Patna High Court Cr.Misc. No.10251 of 2017 (3) dt.20-03-2017 2/2 as such considering the aforesaid aspect of the matter, I am not inclined to grant bail to the petitioner at this stage. Accordingly, this application is dismissed..

Let the trial be expedite.

(Vinod Kumar Sinha, J) chn/- U