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Patna High CourtCR. MISC./32596/2016rejected

Jag Narayan Singh And ANR v. The State Of Bihar

2016-09-16Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32596 of 2016 Arising Out of PS.Case No. -120 Year- 1995 Thana -PIRO District- BHOJPUR ======================================================

1. Jag Narayan Singh Son of Late Ajab Dayal Singh Resident of Village- + P.O.- Jalpura (Tapa), P.S.- Chandi, District-Bhojpur

2. Jang Bahadur Mahato son of Late Valbhadra Mahto Resident of Village- + P.O.-Jalpura (Tapa) P.S.- Chandi, District-Bhojpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binod Kumar Sinha, Adv. For the Opposite Party/s : Mr. Sri Abhay Kumar - 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-09-2016 Heard both sides.

The petitioners apprehend their arrest in Piro P.S. Case No. 120/1995, registered for the offences punishable under Sections 376 and 34 of the Indian Penal Code. The victim made allegation that the petitioners entered into her house and committed rape with her one by one. Learned counsel for the petitioner submits that the case was lodged in the year 1995. The police after investigation submitted final form finding the case false, but the learned Judicial Magistrate took cognizance differing the finding of the Investigation Officer.

It appears that case was lodged in the year 1995 and it is

Patna High Court Cr.Misc. No.32596 of 2016 (3) dt.16-09-2016 2/2 submitted that the cognizance was also taken in the year 1996, but the petitioners filed this petition for anticipatory bail after twenty years of the date of occurrence. On this ground alone, I am not inclined to enlarge the petitioners above-named on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) Vinita/- U T