Kanhaiya Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18677 of 2021 Arising Out of PS. Case No.-44 Year-2020 Thana- MAHILA P.S. District- Kishanganj ====================================================== Kanhaiya Sahni, male, aged about 25 years Son of Ati Sahni @ Ati Lal Resident of Village - Denga Basti, P.S.- Bahadurganj, Dist.- Kishanganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mrityunjay Kumar, Adv.

For the Opposite Party/s :

Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 02-11-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor (for short 'APP') for the State. Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by office when called upon to do so by the office. The petitioner seeks bail in Mahila PS Case No. 44 of 2020 instituted for the offence under Section 376 of the Indian Penal Code.

The petitioner is accused of having committed rape upon the informant's daughter who, as per prosecution case, was 18 years of age.

Petitioner's counsel submits that there is stark variance between the prosecution case as stated in the First Information

Patna High Court CR. MISC. No.18677 of 2021(2) dt.02-11-2021 2/3 report and the statement of the alleged victim recorded under Section 164 Cr. PC, which is annexed as Annexure-3 to the bail petition. The victim has been examined two days after the alleged occurrence, wherein, no sign of violence or any injury has been found on her body. The medical does not support the allegation of rape. The petitioner is stated to be man of clean antecedents and he is in custody since 15.09.2020. The learned APP representing the State has opposed the prayer for bail.

Considering the rival submissions as also the facts and circumstances of the case, this Court, for the purposes of grant of bail, is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail of the petitioner is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge 1st -cum-Special Judge Kishanganj, in connection with Mahila (Kishanganj) PS Case No. 44 of 2020 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to

Patna High Court CR. MISC. No.18677 of 2021(2) dt.02-11-2021 3/3 inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U T