Raja Babu Sah @ Raja Sah vs The State Of Bihar on 3 July, 2025

Patna High Court – Orders

Raja Babu Sah @ Raja Sah vs The State Of Bihar on 3 July, 2025

Author: Prabhat Kumar Singh

Bench: Prabhat Kumar Singh

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.5310 of 2019
                        Arising Out of PS. Case No.-9 Year-2017 Thana- SC/ST District- Begusarai
                 ======================================================
                 RAJA BABU SAH @ RAJA SAH Son of Rajo Sah @ Rajo Singh Resident of
                 Village- Bariyarpur Paschimi, Ward No.4, Police Station- Khodawandpur,
                 District- Begusarai.

                                                                                    ... ... Appellant/s
                                                        Versus
                 THE STATE OF BIHAR

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Manoj Kumar , Advocate
                 For the Respondent/s    :        Mr. Sadanand Paswan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

5   03-07-2025

Heard learned counsel for the parties.

2. This appeal has been filed for setting aside order

dated 25.09.2019 passed in a case registered for the offence

punishable under sections 376/ 511 , 448 , 504/4 of the Indian

Penal Code and sections 3(i)(w) (s) ( r ) of the Scheduled Castes

and Scheduled Tribes (Prevention of Atrocities) Act, whereby

the prayer for anticipatory bail of the appellant has been

rejected.

3 . As per the prosecution case , informant namely

Seema Devi alleged that on 27.01.2017 at about 3:00 AM in the

night, this appellant entered in the house of informant and called

her by caste name and after putting towel in her mouth

attempted to commit rape with her and upon hulla , appellant
Patna High Court CR. APP (SJ) No.5310 of 2019(5) dt.03-07-2025
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managed to fled away from there . It is further alleged that when

husband of informant went to made complaint about the

incident, he was abused by caste name .

4. It is submitted that appellant is quite innocent and

has committed no offence as alleged. F.I.R. has been lodged

after the delay of 2 days for which there is no plausible

explanation . It is further submitted that both the parties are

neighbours and due to petty dispute , this false and concocted

case has been lodged against this appellant. Appellant claims

clean antecedent.

5 . Learned special Public Prosecutor for the State

opposed the bail and submitted that there is specific allegation

against this appellant that he committed rape with the victim and

also abused by caste name .

6. Considering the aforesaid facts, I do not find any

reason to interfere with the impugned order, accordingly this

appeal is dismissed.

(Prabhat Kumar Singh, J)
Koushik/-

U      T