Mithun Sahni @ Mithun Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43142 of 2024 Arising Out of PS. Case No.-715 Year-2023 Thana- KATIHAR COMPLAINT CASE District- Katihar ====================================================== Mithun Sahni @ Mithun Sahani son of Jabun Sahni @ Jagun Sahani VillageKursela Basti Pacchimtola Ps- Kursela Dist- Katihar ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Most. Sabita Devi wife of Late Chandan Sahni Village- Kursela Basti Pacchimtola Ps- Kursela Dist- katihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Choubey Jawahar , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-08-2024 Heard learned counsel for the petitioner and the State .

2. Petitioner apprehends regular bail in a case registered for the offence punishable under section 376 of the IPC .

3. As per prosecution case , petitioner is alleged to have committed sexual assault with the complainant.

4. It is submitted by learned counsel for the petitioner no such occurrence as alleged as ever took place . F.I.R., has been lodged after the delay of twelve days for which there is no plausible explanation which itself creates doubt over the entire prosecution case . He further submits that without any medical

Patna High Court CR. MISC. No.43142 of 2024(2) dt.23-08-2024 2/2 document in support of the allegations this petitioner has been made accused in this case . Petitioner claims clean antecedent. Petitioner is in custody since 29.04.2024 .

5 . Learned counsel for the State opposed the bail application and submitted that there is direct and specific allegation against this petitioner is that he forcibly entered into the house of complainant and committed sexual assault with her.

6. Considering the nature of accusation and gravity of offence , prayer for regular bail of the petitioner is rejected.

(Prabhat Kumar Singh, J) Koushik/- U T