Chhotu Sah @ Amit Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68258 of 2021 Arising Out of PS. Case No.-8 Year-2020 Thana- MAHILA P.S. District- Araria ====================================================== CHHOTU SAH @ AMIT SAH S/o Late Ramjee Sah Resident of Village - Jogbani, Mohalla - Indranagar, Ward No. -10, P.S. - Jogbani, District - Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mahendra Thakur, Advocate For the Opposite Party/s :

Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-04-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioner is apprehending his arrest in Araria Mahila P.S. Case No. 08 of 2020 registered under Section 376/506 of the Indian Penal Code.

Allegation against the petitioner is of commission of rape upon the informant/victim several times.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case. The

Patna High Court CR. MISC. No.68258 of 2021(2) dt.12-04-2022 2/2 victim is aged about 30 years whereas the petitioner is hardly 22 years of age. For an ulterior motive, the present case has been instituted.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R. The victim in her statement recorded under Section 164 of the Cr.P.C. has supported the allegation made in the FIR.

Considering the nature of accusation, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, prayer for anticipatory bail of the petitioner is rejected. If the petitioner surrenders in the court below and seeks regular bail, the same shall be considered on its own merit without being prejudice by this order.

(Sudhir Singh, J) A.K.V.//- U T