Shiv Kumar Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9559 of 2020 Arising Out of PS. Case No.-163 Year-2019 Thana- BABUBARHI District- Madhubani ====================================================== SHIV KUMAR SAHNI Son of Mahendra Sahni Resident of VillageNavakatol, Khojapur, P.S.- Babubarhi, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Soban Asghar For the Opposite Party/s :

Mr.Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-09-2020 This case has been heard through video-conferencing. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 341, 323, 376, 504, 34 of the Indian Penal Code.

Prosecution case as lodged by the informant is that when she was going for natural call, her had was caught from back and raped. She was also assaulted and when it was informed to family member of the petitioner, her family member was also assaulted with lathi and Danda.

It has been submitted on behalf of the petitioner that he is innocent and have been falsely implicated in this case with ulterior motive. He submits that no such occurrence took place

Patna High Court CR. MISC. No.9559 of 2020(4) dt.07-09-2020 2/2 rather falsely implicated in this case which is apparent from complaint of informant filed in the court on 06.08.2019 and she went into thana on 09.08.2019 but occurrence took place on 18.07.2019.

Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, his payer for anticipatory bail is rejected in connection with Babubarhi P.S. Case No. 163 of 2019, G.R.I. N0. 1474 of 2019 pending before the court of the learned A.C.J.M., IIIrd, Madhubani.

Accordingly, the application is dismissed.

(Anjani Kumar Sharan, J) devendra/- U T