Sk. Sahanwaz @ Sahanwaz Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.32569 of 2015 Arising Out of PS.Case No. -167 Year- 2013 Thana -SATHI DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Sk. Sahanwaz @ Sahanwaz Alam S/o Late Sk. Alinain Resident of Village Brindaban, P.S. Sathi, District West Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ram Adya Singh For the Opposite Party/s : Mr. Md.Fahimuddin(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 09-11-2015 Heard the learned counsel for the petitioner as well as the learned A.P.P.
The petitioner seeks bail in a case for the offences punishable under sections 376, 420 and 506/34 of the I.P.C Allegedly, the petitioner took the photograph of the informant and with the aid of that photograph he blackmailed the informant, developed physical relationship with her and when the informant protested he on the pretext to marry with her started always developing physical relation with her resulting she became pregnant and now he refused to marry with her and also caused threats to get her killed.
Submission is of false implication and that the
Patna High Court Cr.Misc. No.32569 of 2015 (3) dt.09-11-2015 2/2 informant and the petitioner both are already married. The informant has implicated the petitioner in a false and fabricated case resulting the petitioner is suffering in custody since 24.04.2015 having no criminal antecedent.
The learned A.P.P. opposes prayer for bail by submitting that the victim-informant in her statement recorded under section 164 Cr.P.C has supported the allegation which is heinous one. The doctor has also found the victim pregnant. In the facts and circumstances as stated above, considering the allegation attributed against the petitioner, serious in nature, this Court is not inclined to enlarge the petitioner on bail and accordingly his such prayer stands rejected in connection with Sathi P.S. Case No. 167 of 2013 pending in the court of C.J.M. Bettiah (West Champaran).
However, the trial court is directed to expedite the trial and to conclude the same as per amended proviso of section 309 Cr.P.C.
(Jitendra Mohan Sharma, J) Abhay/- U T