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Patna High CourtCR. MISC./1511/2016rejected

Subodh Kumar Sah v. The State Of Bihar

2016-01-15Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1511 of 2016 Arising Out of PS.Case No. -34 Year- 2015 Thana -SITAMARHI GRP CASE DistrictSITAMARHI ====================================================== Subodh Kumar Sah Son of Late Asharfi Sah, resident of VillageAdambagh, P.S.- Bairgania, District- Sitamarhi. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ashhar Mustafa For the Opposite Party/s : Mr. Md.Arif(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 15-01-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is named in the first information report on the accusation that he took the informant's minor daughter from railway platform and made attempt to commit rape on her but he was fortunately caught by the informant and others. Contention on behalf of the petitioner is that petitioner is a mentally sick person and as a matter of fact he was caught by the informant on mere suspicion but I am not at all convinced with the aforesaid submission and accordingly, the prayer for bail of the petitioner in connection with Rail (Darbhanga) P.S. Case No.34 of 2015 stands rejected. However, if

Patna High Court Cr.Misc. No.1511 of 2016 (2) dt.15-01-2016 2/2 the plea of lunacy raised before the trial court, the trial court may proceed with the aforesaid case in accordance with law without being prejudiced by this order.

(Hemant Kumar Srivastava, J) N.H./- U T