Saheb Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 49637 of 2015 Arising out of P.S. Case No. - 363 Year - 2013 Thana - MAJHAULIA District - WESTCHAMPARAN (BETTIAH) ====================================================== Saheb Sahni, S/o Sagar Sahni, Resident of Village - Madhopur, Malahi Tola, P.S. - Majhaulia, Dist. - West Champaran .... .... Petitioner

Versus

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

For the Petitioner : Mr. Sunil Kumar Pandey, Advocate For the Opposite Party : Mr. R. B. Roy Raman, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 05-02-2016 Heard learned counsel for the petitioner and learned counsel for the State.

This is a petition for grant of regular bail in a case under Sections 366A, 376, 506/34 of the Indian Penal Code later on Section 6 of the Protection of Children from Sexual Offences Act, 2012 has been added.

The victim in her statement under Sections 161 and 164 of the Cr.P.C. has supported the prosecution case regarding kidnapping and rape by the petitioner.

Learned counsel for the petitioner, however, contended that the case has been registered after twenty two days of the occurrence and the doctor has not found sign of rape. He further submits that the petitioner is in jail custody since 20.11.2013.

Patna High Court Cr.Misc. No.49637 of 2015 (3) dt.05-02-2016 Learned counsel for the State submits that the matter was reported on the next day of the occurrence. Having regard to the fact, I am not inclined to grant bail to the petitioner in connection with Majhaulia P.S. Case No. 363 of 2013 pending in the Court of learned 1st Additional Sessions Judge-cum-Special Judge, West Champaran, Bettiah. Accordingly, prayer for bail is rejected.

However, the trial Court is directed to expedite the trial for early disposal of the case.

Kundan/- (Gopal Prasad, J) U T