Bahadur Sah v. The State Of Bihar

Patna High Court Cr.Misc. No.46000 of 2015 (2) dt.03-11-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46000 of 2015 Arising Out of PS.Case No. -5 Year- 2014 Thana -MANJHI District- SARAN ====================================================== Bahadur Sah Son of Asharfi Sah, Resident of village- Tekniwas, P.S. Rivilganj, District-Saran at Chapra .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Dewendra Narayan Singh For the Opposite Party/s : Mr. Sanjay Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 03-11-2015 Heard learned counsel for the parties.

Having regard to the nature of allegation for offence under sections 376, 120B/34 of the Indian Penal Code and that the prosecutrix in her statement under section 164 Cr.P.C. has stated that she was raped by this petitioner, this Court for the time being will not be entitled to go into the aspect that the prosecutrix was having such physical relationship with her own consent. That is a matter to be looked into at the stage of trial but for the time being for the purpose of anticipatory bail this Court will find that the statement of the prosecutrix is against the petitioner and as such, he will not be entitled for privilege of anticipatory bail. That being so, the prayer for anticipatory bail of the petitioner is rejected.

(Mihir Kumar Jha, J) Surendra/- U

Patna High Court Cr.Misc. No.46000 of 2015 (2) dt.03-11-2015