IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.22399 of 2011
Md. Sahabuddin
Versus
The State Of Bihar
-----------
03/ 19.09.2011 Power is filed on behalf of the informant.
Heard learned counsel for the petitioner as well as learned
Addl. Public Prosecutor for the State assisted by learned counsel for
the informant.
Petitioner is in jail custody since 7.4.2011 in a case
registered under sections 363, 342, 328, 376(2)(G), 307/120B of the
IPC.
It is the specific case of the informant that his daughter aged
about 12 years was taken away and subsequently, the petitioner and
other FIR named accused persons committed gang rape on her.
Learned counsel for the petitioner points out that no sign of
injury was found in medical examination of the victim and
furthermore, victim was examined under section 164 of the Cr.P.C,
she has not named the petitioner in the said statement. It is also
pointed out by him that, as a matter of fact, this false case has been
brought by the informant on account of land dispute with his step-
brother.
Learned counsel for the informant points out that the
petitioner was put on test identification parade and victim claimed to
identify the petitioner in the above stated test identification parade.
Taking into consideration the above stated facts and
circumstances as well as submissions of the parties, I am not inclined
2
to release the petitioner on bail.
Accordingly, prayer for bail of the petitioner in connection
with Kotwali P.S. Case no. 150/2011 pending in the court of the Chief
Judicial Magistrate, Patna is, hereby, rejected.
shahid (Hemant Kumar Srivastava,J)