Laldeo Sah @ Lal Deo Shah v. The State Of Bihar

Patna High Court Cr.Misc. No.12640 of 2017 (2) dt.07-04-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12640 of 2017 Arising Out of PS.Case No. -162 Year- 2016 Thana -SULTANGANG District- PATNA ====================================================== Laldeo Sah @ Lal Deo Shah, Son of Late Bhajju Sah, resident of House of Niraj Kumar, Professor Colony, Shahganj, P.S.- Sultanganj, District- Patna. .... .... Petitioner

Versus

The State of Bihar.

.... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Niraj Kumar For the Opposite Party/s : Mr. Sri Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 07-04-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Sultanganj P.S. Case No. 162 of 2016 registered for the offences punishable under Section 376 of the Indian Penal Code and Sections 4/6 of POCSO Act.

Allegedly, the petitioner committed rape with the niece aged 12 years of the informant when she was going to attend the school. The petitioner committed such offence several times in between 10-15 days.

Submission is of false implication and that the petitioner is aged about 60 years, he has been made victim of village politics, the petitioner and the victim are residing in the same house as tenants and due to some dispute the petitioner has been implicated.

Patna High Court Cr.Misc. No.12640 of 2017 (2) dt.07-04-2017 The petitioner is suffering in custody since 13.08.2016 and as such he deserves sympathetic consideration.

Learned APP opposes the prayer of bail by submitting that the petitioner has committed heinous crime and the victim in her statement recorded under Section 164 Cr.P.C. has supported the allegation.

In the facts and circumstances stated above, considering the allegation attributed against the petitioner, this Court is not inclined to enlarge the petitioner on bail, accordingly, his such prayer stands rejected.

(Jitendra Mohan Sharma, J) avin/- U T