Arvind Sah v. The State Of Bihar

Patna High Court Cr.Misc. No.37011 of 2016 (3) dt.27-10-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37011 of 2016 Arising Out of PS.Case No. -63 Year- 2016 Thana -CHAUSA District- MADHEPURA ======================================================

1. Arvind Sah, son of Shankar Sah, resident of Village- Ajgaiba (Morsanda), P.S.- Chausa, District- Madhepura. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prabhat Ranjan Singh For the Opposite Party/s Mr. Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 27.10.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner seeks bail in a case registered under section 376 of the Indian Penal Code.

No doubt, in course of investigation, some witnesses stated that the informant had illicit relation with a co- villager and she falsely implicated the petitioner in this case but the aforesaid witnesses have not disclosed name of that person with whom allegedly, informant had illicit relation.

Petitioner happens to be cousin nephew of the informant and informant has specifically stated in her statement recorded under section 164 Cr.P.C that she was raped by the petitioner. Considering the aforesaid facts and circumstances as well as submissions of the parties, I am not inclined to release the petitioner on bail and hence, his prayer for bail in connection with Chausa

Patna High Court Cr.Misc. No.37011 of 2016 (3) dt.27-10-2016 (Fulaut) P.S. Case no. 63/2016 pending in the court of the Sub divisional Judicial Magistrate, Uda-kishunganj District Madhepura stands rejected, at least, at this stage.

shahid (Hemant Kumar Srivastava,J) U T