Patna High CourtCR. MISC./51810/2021rejected

Ram Bilas Patel @ Ramvilas Patel v. The State Of Bihar

2022-09-27Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51810 of 2021 Arising Out of PS. Case No.-115 Year-2021 Thana- SIKARPUR District- West Champaran ====================================================== RAM BILAS PATEL @ RAMVILAS PATEL S/o Mahesh Patel R/o VillageMangarahi, Ward No.1, P.S.- Shikarpur, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-09-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Shikarpur P.S. Case no. 115 of 2021 instituted for the offence punishable under Sections 452 and 376 of the Indian Penal Code.

It is a case of committing rape by the petitioner upon the informant forcefully on gun point.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Both parties are co-villagers. Due to political rivalry, he has been falsely implicated in this case.

Learned APP appearing for the State has opposed the

Patna High Court CR. MISC. No.51810 of 2021(3) dt.27-09-2022 2/2 prayer of bail and submitted that informant has made direct allegation of rape against the petitioner. During investigation, in para 8,9 and 10 of the case diary several witnesses have supported the prosecution story.

Having heard learned counsel for the parties and taking into consideration that there is direct allegation of committing rape against the petitioner upon the informant, I am not inclined to grant bail to the petitioner and, as such, his application for bail is rejected.

However, if the petitioner surrenders and prays for regular bail, the same may be considered by the court below on its own merit without being prejudiced by this order of rejection.

(Sunil Kumar Panwar, J) sushma/- U