Soni Sahni v. The State Of Bihar

Patna High Court Cr.Misc. No.36459 of 2016 (2) dt.30-08-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36459 of 2016 Arising Out of PS.Case No. -108 Year- 2015 Thana -MAKER District- SARAN ======================================================

1. Soni Sahni, Son of Hawaldar Sahni, resident of Village- Badhakal, P.S.- Maker, District- Saran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Krishna Kumar Singh For the Opposite Party/s Mr. Ashraf Ansari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 30.08.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner seeks bail in a case registered under section 376/34 of the Indian Penal Code.

Petitioner and one FIR named accused are said to have committed rape on the informant.

Submission on behalf of the petitioner is that present occurrence is said to have taken place in the night of 29.9.2015 whereas FIR was lodged on 1.10.2015 and no explanation regarding the aforesaid delay has been given. It is further submitted that Medical report does not corroborate the story of rape and, as a matter of fact, informant has lodged this false case against the petitioner and other on account of village politics.

I am not at all convinced with the above stated submissions and accordingly, prayer for bail of the petitioner in connection with

Patna High Court Cr.Misc. No.36459 of 2016 (2) dt.30-08-2016 Maker P.S. Case no. 108/2015 pending in the court of Smt. Divya Shekhar, Judicial Magistrate, Ist Class, Chapra/ concerned court stands rejected.

shahid (Hemant Kumar Srivastava,J) U T