Patna High CourtCR. MISC./31994/2017rejected

Pintu Singh v. The State Of Bihar

2017-08-21Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31994 of 2017 Arising Out of PS.Case No. -294 Year- 2016 Thana -NAUBATPUR District- PATNA ====================================================== Pintu Singh, Son of Surendra Prasad Sharma @ Munshi, Resident of Village- Gopalpur, P.S.- Naubatpur, District- Patna. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Usha Kumari Singh, Advocate For the Opposite Party : Mr. Sri Bharat Bhushan (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 21-08-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Naubatpur P.S. Case No. 294 of 2016, registered for the offence punishable under Section 376 of the Indian Penal Code. Allegedly, the petitioner being in drunken state committed rape with the informant after causing threats. Submission is of false implication and that due to enmity the petitioner has been implicated, no such occurrence has taken place, the petitioner has got no criminal antecedent. At the instance of Ramesh Sharma, this false and fabricated case has been filed by the informant. During investigation, the witnesses vide para 8 to 11 have not stated anything in this regard and, as

Patna High Court Cr.Misc. No.31994 of 2017 (3) dt.21-08-2017 2/2 such, the petitioner deserves sympathetic consideration. The learned A.P.P. opposes the prayer of pre-arrest bail by submitting that the informant in her statement recorded under Section 164 of Cr.P.C. has also supported the allegation of rape.

In the facts and circumstances as stated above, considering the allegation attributed against him, I am not inclined to grant privilege of pre-arrest bail to him and accordingly his such prayer stands rejected in connection with Naubatpur P.S. Case No. 294 of 2016, pending in the Court of learned A.C.J.M., Danapur, Patna.

(Jitendra Mohan Sharma, J.) Rajiv/- U T