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Patna High CourtCR. MISC./64472/2023bail rejected

Amit Sah @ Amit Kumar v. The State Of Bihar

2023-12-06Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64472 of 2023 Arising Out of PS. Case No.-1 Year-2023 Thana- MANSAHI District- Katihar ====================================================== Amit Sah @ Amit Kumar Son Of Late Hira Lal Sah Resident Of VillageMatiyari, Ps- Mansahi, Distt- Katihar ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Suresh Prasad Sah @ Baranwal, Advocate For the Opposite Party/s :

Mr.Pradeep Narain Kumar, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-12-2023 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 457, 380, 354B/34 of the Indian Penal Code.

3. As per the prosecution case, all the FIR named accused persons including this petitioner and one unknown accused person entered the informant's house and took away the informant and her daughter and tried to commit rape on her.

4. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case due to previous enmity. No independent witness has supported the prosecution case.

5. Learned counsel for the State opposes the prayer for bail. He submits that girl in her 164 Cr.P.C. statement has supported the prosecution case.

Patna High Court CR. MISC. No.64472 of 2023(3) dt.06-12-2023 2/2

6. Considering the nature and gravity of allegation as well as 164 Cr.P.C. statement of the victim, prayer for bail of the petitioner is rejected.

(Prabhat Kumar Singh, J) Shashi U T