Shushil Kumar Sahni @ Sushil Kumar Suman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13119 of 2022 Arising Out of PS. Case No.-87 Year-2021 Thana- MAHILA P.S. District- Samastipur ====================================================== SHUSHIL KUMAR SAHNI @ SUSHIL KUMAR SUMAN S/o Manoj Sahni @ Manoj Sahani @ Manraj Sahni Resident of Village- Chaita Dakshni, P.S.- Angarghat, District- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Suneil Kumar Thakur For the Opposite Party/s :

Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-10-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Women P.S. Case no. 87 of 2021 instituted for the offence punishable under Section 376, 506 of the Indian Penal Code and Section 27 of the Arms Act.

It is a case of committing rape by the petitioner upon the informant on gun point when she was alone at home. When she tried to raise alarm, accused persons closed her mouth and threatened of dire consequences if she discloses before anyone about the incident Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case due to dirty village politics. Due to some money

Patna High Court CR. MISC. No.13119 of 2022(3) dt.17-10-2022 2/2 transaction between the parties, he has been falsely implicated in this case. Learned counsel for the informant and learned APP appearing for the State has opposed the prayer of bail and submitted that statement of the victim lady was got recorded under Section 164 Cr.P.C., wherein she has made direct allegation of rape against the petitioner. Having heard learned counsel for the parties and taking into consideration that there is direct allegation of committing rape against the petitioner upon the informant, I am not inclined to grant bail to the petitioner and, as such, his application for bail is rejected.

(Sunil Kumar Panwar, J) sushma/- U