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Patna High CourtCR. MISC./34743/2016dismissed

Ram Kumar Sah v. The State Of Bihar

2016-08-22Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34743 of 2016 Arising Out of PS.Case No. -19 Year- 2016 Thana -MADHWAPUR District- MADHUBANI ====================================================== Ram Kumar Sah, Son of Hari Sah, resident of village - Ekari P.S. Madhawapur, District - Madhubani .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Baidya Nath Thakur For the Opposite Party/s : Mr. A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 22-08-2016 Heard Sri Ajay Thakur, learned counsel, who was assisted by Sri Baidya Nath Thakur, learned counsel for the petitioner and learned Addl. Public Prosecutor. The sole petitioner, who is in custody in Madhwapur P.S. Case No.19/2016 registered for the offence under Section 376 of the Indian Penal Code, has prayed for grant of bail. It was submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the present case due to land dispute. By way of referring to Annexure2 to the present petition i.e. medical examination report, it was submitted that even in medical examination report, no sign of rape was found and, as such, a prayer has been made for grant of bail to the petitioner.

Patna High Court Cr.Misc. No.34743 of 2016 (2) dt.22-08-2016 2/2 However, after perusal of the materials on record, particularly the F.I.R. as well as the statement of the victim lady recorded under Section 164 of the Code of Criminal Procedure, the Court is of the opinion that it is not a fit case for grant of bail. The petition stands dismissed.

(Rakesh Kumar, J) NKS/- U T