Krishna Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24716 of 2022 Arising Out of PS. Case No.-206 Year-2022 Thana- TURKAULIYA District- East Champaran ====================================================== KRISHNA SAHANI SON OF DAROGA SAHANI RESIDENT OF VILLAGE- BAIRIYA BAZAR, P.S- TURKAULIYA, DIST- EAST CHAMPARAN AT MOTIHARI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Kumar, Advocate For the Opposite Party/s :

Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 12-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 341, 323, 354B, 452, 504, 506 and 34 of the Indian Penal Code. As per the prosecution case, the informant states that the petitioner had been misbehaving with her in the past inspite of her resisting all attempts. On the date of occurrence it is stated that he forcibly entered her house and tried to establish physical relationship with her. Once again on the informant resisting, she was assaulted and the petitioner escaped. It is submitted by learned counsel for the petitioner that the petitioner and the informant are neighbors and the

Patna High Court CR. MISC. No.24716 of 2022(3) dt.12-01-2023 2/2 petitioner has been falsely implicated in the case for oblique reasons. Petitioner is in custody since 7.3.2022 and charge sheet has been submitted in the case. He undertakes to cooperate in the trial. He has no criminal antecedent.

Heard learned APP for the State.

A report was called for from the learned trial Court. As per the report received, the case is at the stage of appearance of co-accused Suresh Sahani.

Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

Learned trial Court is directed to expedite the trial. Liberty is granted to the petitioner to renew his prayer for bail in the learned trial Court after framing of charge. If such a petition is filed, the same shall be considered by the learned trial Court on its own merit without being prejudiced by this order of rejection.

(Partha Sarthy, J) Prakash/- U