Bhallu Rishideo v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3467 of 2016 Arising Out of PS.Case No. -109 Year- 2015 Thana -BAUNSI District- ARRARIA ====================================================== Bhallu Rishideo son of Satya Narayan Rishideo resident of village - Deosthal, Police Station - Bousi, District - Araria. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Mukesh Kumar Rana, Advocate For the Opposite Party/s : Mr. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 16-03-2016 Heard the learned counsel for the petitioner and the learned A.P.P. representing the State.

The petitioner seeks bail in connection with Bausi P.S. Case No. 109 of 2015 registered for the offences punishable under Sections 363, 366A and 120(B) of the Indian Penal Code. Allegedly, Noorjahan aged 13 years, the daughter of the informant was kidnapped by the petitioner and other coaccused named in the F.I.R. and during investigation, the victim was released and her statement has been recorded under Section 164 of the Code of Criminal Procedure also wherein, she has alleged that the petitioner and others committed rape with her and they used to administer injection of intoxicant. Submission is of false implication and that as a

Patna High Court Cr.Misc. No.3467 of 2016 (3) dt.16-03-2016 2/2 matter of fact, the victim was married to co-accused Pappu Rishideo and for that reason, she has not stated the name of Pappu Rishideo in her statement recorded under Section 164 of the Code of Criminal Procedure, without any fault the petitioner who is suffering in custody since 24.09.2015, deserves sympathetic consideration, to which the learned APP seriously opposes.

In the facts and circumstances stated above, considering the allegation attributed against the petitioner, serious in nature, which finds support in the statement of the victim girl recorded under Section 164 of the Code of Criminal Procedure, and as such, this Court is not inclined to enlarge the petitioner on bail and accordingly, his such prayer stands rejected in connection with Bausi P. S. Case No. 109 of 2015 pending in the Court of learned Judicial Magistrate, 1st Class, Araria. (Jitendra Mohan Sharma, J.) ajaypd./- U T