Patna High CourtCR. MISC./36994/2016dismissed

Shivjee Rai v. The State Of Bihar

2016-12-08Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 36994 of 2016 Arising Out of PS.Case No. -49 Year- 2016 Thana -KARTAHA District- VAISHALI(HAJIPUR) ====================================================== Shivjee Rai son of Heera Rai resident of Village- Kartaha (Tanra) P.S. Kartaha, District- Vaishali .... .... Petitioner

Versus

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

For the Petitioner/s : Mrs. Kumari Sujata Sinha For the Opposite Party/s : Mr. Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 8.

08-12-2016 Heard Smt. Kumari Sujata Sinha, learned counsel for the petitioner and Sri Akshay Lal Pandit, learned Addl. Public Prosecutor.

The sole petitioner, apprehending his arrest in Kartaha P.S. Case No. 49 of 2016 registered for offence under Sections 341, 323, 324, 325, 498(A), 379, 376, 504, 506/34 of the Indian Penal Code, has prayed for grant of anticipatory bail. It was submitted by learned counsel for the petitioner that only with a view to grab property, the informant, who is none else but the daughter-in-law of the petitioner, has filed a false case and on this ground, a prayer has been to grant anticipatory bail. In this case, earlier case diary was called for. Learned Addl. Public Prosecutor, by way of referring

Patna High Court Cr.Misc. No.36994 of 2016 (8) dt.08-12-2016 2/2 to paragraph - 25 of the case diary, submits that even during investigation statement of victim was recorded under Section 164 of the Cr.P.C. and in said statement, she has virtually corroborated the allegation. Besides this, other witnesses have also supported the prosecution case. It is a case, in which, there is allegation by a daughter-in-law against her father-in-law for committing rape. In view of seriousness of accusation, there is no point for considering the prayer for anticipatory bail. The petition stands dismissed.

(Rakesh Kumar, J.) Anay U T