Patna High CourtCR. MISC./42243/2016rejected

Abadhesh Singh v. The State Of Bihar

2016-12-13Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42243 of 2016 Arising Out of PS.Case No. -60 Year- 2015 Thana -CHIKSAUR District- NALANDA (BIHARSHARIFF) ======================================================

1. Abadhesh Singh Son of late Sukhu Chand Prasad Resident of VillageFatehpur, Police Station Chiksaura, District Nalanda. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar Singh For the Opposite Party/s : Mr. Smt. Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 13-12-2016 Heard Sri Yogesh Chandra Verma, learned senior counsel for the petitioner as well as learned Additional P.P. The petitioner seeks bail in Chiksaura P.S. Case No. 60/2015, registered for the offences punishable under Sections 363, 365 of the Indian Penal Code. Later on Section 376(G) of the Indian Penal Code was added.

The informant alleged that his daughter went to attend the call of nature in the morning but she did not return. Learned counsel for the petitioner submits that the FIR was lodged after six days of the occurrence. The prosecutrix is a dancer. There is a property dispute between the petitioner and his brother. The father of the prosecutrix is labour of the brother of the

Patna High Court Cr.Misc. No.42243 of 2016 (4) dt.13-12-2016 2/2 petitioner and that is why the petitioner has falsely been implicated in the case. It has also come during course of investigation that the prosecutrix is a dancer, but from perusal of the statement of the victim it appears that the petitioner along with others kidnapped the victim and committed gang rape with the victim.

Considering the facts aforesaid and nature of allegations made against the petitioner, I am not inclined to enlarge the petitioner above named on bail. Accordingly, the same is rejected. (Prabhat Kumar Jha, J.) Rakhi U T