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Patna High Court - Orders

Jitendra Sah vs The State Of Bihar on 24 September, 2014

Author: Anjana Mishra

Bench: Anjana Mishra

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Criminal Miscellaneous No.35080 of 2014
                        Arising Out of PS.Case No. -87 Year- 2013 Thana -BIHIYA District- BHOJPUR
                 ======================================================
                 Jitendra Sah son of Kamta Sah, resident of village- Umraonganj, P.S.-
                 Bihia, District- Bhojpur.
                                                                      .... .... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                 .... .... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      : Mr. Siddharth Harsh
                 For the Opposite Party/s :  Mr. Ram Shankar Das (A.P.P)
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA
                 ORAL ORDER

2   24-09-2014

Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State.

The petitioner is in custody since 1.7.2014 for the offence under Sections 456, 376, 511 of the I.P.C. and 3(i)(x)(xi) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities ) Act.

It is submitted on behalf of the petitioner that the entire case against him is forged and fabricated and also that the said case had been lodged on account of personal grudge and to extort money from him as he has been successfully running his business and flourishing in the village. None of the witnesses has whispered about the episode with respect to attempt for rape upon the informant committed by the petitioner rather they have stated only about dog bite for which panchayati was also held and Patna High Court Cr.Misc. No.35080 of 2014 (2) dt.24-09-2014 2/2 according to resolution of the panchayat the petitioner had to take the victim to Arra hospital for her treatment and incurred all expenditure.

Considering the aforementioned submissions and the fact that the petitioner has got no criminal antecedent and also that as per the statement made with regard to panchayat held in the village which was purely with regard to dog biting incident and not any other act, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the C.J.M., Bhojpur at Arra, in Bihia ( Bahorampur) P.S. Case No.87 of 2013.

(Anjana Mishra, J) AnilKrSinha/-

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