Rajiv Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28073 of 2020 Arising Out of PS. Case No.-598 Year-2019 Thana- MINAPUR District- Muzaffarpur ====================================================== RAJIV SAHNI S/o Sitaram Sahani Resident of Village-Konma Chhitarpatti, P.S.-Minapur, District-Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gajendra Kumar Singh,Adv For the Opposite Party/s :

Mr.Shyam Kumar Singh,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 25-01-2021 Heard the parties.

Petitioner seeks bail in a case registered for the offences punishable under Sections 376(D) of the Indian Penal Code and 67/67A of I.T.Act.

According to FIR, the petitioner and co-accused allegedly ravished to the informant and created a video of the act and send it to the mobile phone to the husband of the complainant. The victim has supported the aforesaid allegation in her statement under Section 164 Cr.P.C. A copy of the video clip in hard form is attached with the case diary. Learned counsel for the petitioner submits that the Doctor has not found any sign of sexual assault on the victim. Learned counsel for the informant opposed the prayer for bail.

Considering the nature of allegation against the petitioner and material available on the record, the victim cannot

Patna High Court CR. MISC. No.28073 of 2020(3) dt.25-01-2021 2/2 be disbelieved for non-corroboration by medical evidence, since she was a married lady, I am not inclined to enlarge the petitioner on bail in connection with Meenapur P.S.Case No.598 of 2019 pending in the court of learned C.J.M., Muzaffarpur. Accordingly, prayer is refused.

The learned Trial Court is directed to expedite the trial.

(Birendra Kumar, J) Nitesh/- U T