Patna High CourtCR. MISC./47326/2018dismissed

Nikki Rai Bhuyan @ Nikki Bhuyan v. The State Of Bihar

2018-09-10Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47326 of 2018 Arising Out of PS.Case No. -34 Year- 2018 Thana -MANSAHI District- KATIHAR ======================================================

1. Nikki Rai ( Bhuyan ) @ Nikki Bhuyan S/o Srilal Bhuyan resident of Village - Hariprasad, P.S. Mansahi, District Katihar. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bhola Prasad For the Opposite Party/s : Mr. Sri Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-09-2018 Heard the parties.

The petitioner seeks regular bail in connection with Mansahi P.S. Case No. 34 of 2018, registered for offences punishable under Sections 366(A), 364, 506, 34 of the Indian Penal Code and under section 4 of the Prevention of Children from Sexual Offence Act.

Allegation as per the FIR is that informant alleged that when he has lodged a case against the petitioner regarding the commission of rape, the petitioner is threatening him and further allegation is that the petitioner along with other persons came to his house with armed and threatened him. It further appears that earlier a case of commission of rape has been filed by the daughter of the informant.

Patna High Court Cr.Misc. No.47326 of 2018 (3) dt.10-09-2018 2/2 Submission of learned counsel for the petitioner is that he has falsely been implicated in this case and moreover there is no attempt of assault or commission of rape in the present case. Heard the learned A.P.P. who has opposed the prayer for bail stating that there is allegation against the petitioner of threatening the informant and his daughter who is informant in another case, as such they are tempering with the evidence and as such the petitioners are not entitled for bail. Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant bail to the petitioner at this stage. As such, the prayer for bail is dismissed.

(Vinod Kumar Sinha, J) Sanjeev/- U T