Bishu Sahani @ Bishnu Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19465 of 2024 Arising Out of PS. Case No.-26 Year-2023 Thana- NAURANGIA District- West Champaran ====================================================== BISHU SAHANI @ BISHNU SAHANI S/O- LATE MANAGER SAHANI R/O- VILLAGE- JARLAHIYA, P.S.- NAUURANGIYA, DIST.- WEST CHAMPARAN.
... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR BIHAR, PATNA 2.
Kishor Sahani R/o vill - Jarlahiya, P.S. - Nauurangiya, Distt.- West Champaran ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ramendra Bharti, Advocate For the Opposite Party/s :
Mr.Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 16-01-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 376 of the Indian Penal Code.
3. The case of the prosecution is that on 13.04.2023 at about 12:00 A.M. the petitioner committed rape on her while she was cutting wood in forest. On alarm raised by the victim, her sister-in-law arrived there who also saw the petitioner committing rape to the informant. Accordingly, the FIR.
4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in connection with the
Patna High Court CR. MISC. No.19465 of 2024(11) dt.16-01-2025 2/2 present case. It is further submitted that on perusal of the medical report, there is no recent sexual activities, as opined by the doctor. Further submission is that the petitioner and the informant are neighbour. Moreover, the petitioner is languishing in judicial custody since 14.04.2023 without having criminal antecedent.
5. Learned APP appearing for the state has opposed the prayer of regular bail.
6. Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Naurangiya P.S. Case No. 26 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bagaha, West Champaran. (Ashok Kumar Pandey, J) Jagdish/- U T