Tuntun Kumar Sah @ Tuntun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70877 of 2019 Arising Out of PS. Case No.-187 Year-2019 Thana- RAMGARHWA District- East Champaran ====================================================== TUNTUN KUMAR SAH @ TUNTUN KUMAR Son of Ashok Sah Resident of Village - Vinvaliya, P.S.- Ramgarhwa, Distt - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 04-03-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Ramgarhwa P.S. Case No.187 of 2019 registered under Sections 376 and 506/34 of the Indian Penal Code, pending in the court of the Sub-Divisional Judicial Magistrate, Raxaul, Motihari, East Champaran.

The accusation is of committing rape on the informant by this petitioner thrice being her brother-in-law (Devar).

Learned counsel appearing on behalf of the petitioner submits that while the informant has stated about committing rape by this petitioner upon her thrice in the F.I.R.

Patna High Court CR. MISC. No.70877 of 2019(3) dt.04-03-2020 2/2 but in her statement recorded under Section 164 of the Code of Criminal Procedure, she has stated that she had made sexual relation with the petitioner according to her will. The petitioner is in custody since 08.09.2019.

Having regard to the facts and the circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant bail to the petitioner. Accordingly, the prayer of the petitioner for grant of bail stands rejected. However, the petitioner may renew his prayer for bail after completion of one year in jail custody.

(Rajendra Kumar Mishra, J) P.S./- U T