Rajendra Sahani v. The State Of Bihar

Patna High Court Cr.Misc. No.19416 of 2015 (5) dt.21-09-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19416 of 2015 Arising Out of PS.Case No. -331 Year- 2013 Thana -GHORASAHAN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Rajendra Sahani Son of Late Ramanand Sahani, Resident of Village - Koirgawa, P.S. - Ghorasahan (Jitna), District - East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar For the Opposite Party/s Mr. Sucheta Yadav(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 05/ 21.09.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Informant is not an eye witness and he came to know about the alleged occurrence from one Suresh Manjhi as well as his wife. Statement of wife of the victim has been recorded at para 5 of the case diary in which she stated that the petitioner having entered into her house made attempt to commit rape but none of the witness claimed to have seen the petitioner setting informant's house on fire. Moreover, witness Suresh Manjhi was not examined by the Investigating officer during the course of investigation.

Accordingly, petitioner is directed to be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Addl. Sessions Judge I, East Champaran at Motihari in Sessions trial no. 111/2014 arising out of Ghorasahan (Jitna) P.S. Case no. 331/2013.

shahid (Hemant Kumar Srivastava,J) U T