This oral order dismisses the third application for bail filed by Kishori Sah, who is in custody accused of rape, abduction and immoral trafficking allegedly committed in Nepal, reiterating previous rejections due to the seriousness of the charges.
Prayer for grant of bail stands dismissed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 39468 of 2018
Arising Out of PS. Case No.-77 Year-2017 Thana- Sursand District- Sitamarhi
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Kishori Sah, Son of Late Dukhharan Sah, Resident of Village- Bhawanipur, P.S.- Singhwara, District- Darbhanga.
... ... Petitioner/s
Versus
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Birendra Kr. Sinha, Sr.Adv. Mr. Rajnandan Kumar For the Opposite Party/s : Mr. Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER
2. 19-09-2018
Heard Sri Birendra Kumar Sinha, learned senior counsel assisted by Sri Rajnandan Kumar, learned counsel for the petitioner and Sri Sanjay Kumar Singh, learned Addl. Public Prosecutor.
This is the 3rd attempt for grant of bail on behalf of the petitioner. The petitioner is in custody in Sursand P.S. Case No. 77 of 2017 registered for offence under Sections 363, 366, 376D/34 of the Indian Penal Code, Section 67(a), 67(b) of the Information Technology Act, 2000 and Section 30(a) of Bihar Prohibition and Excise Act, 2016.
Considering the seriousness of the accusation, on earlier two occasions, this Court has rejected the prayer for bail.
Patna High Court Cr.Misc. No.39468 of 2018(2) dt.19-09-2018 2/2
Again same prayer is being reiterated on the plea that in the case, since rape was allegedly committed in abroad i.e. in Nepal, the court below has sought for sanction from the District Magistrate.
Be that as it may, in view of the fact that twice on merit, the prayer for bail has been rejected, considering the seriousness of the accusation, there is no reason to review my earlier order.
The prayer for bail again stands dismissed.
(Rakesh Kumar, J.)
anay
U T
2 issues framed by the court
Whether to grant bail to the petitioner on the third attempt despite earlier rejections on merit.
Whether the location of the alleged offence in Nepal affects the bail jurisprudence.
3 provisions across 3 enactments
Kishori Sah
The State of Bihar
Chandni
Rakesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
