Birendra Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47581 of 2018 Arising Out of PS.Case No. -228 Year- 2018 Thana -PAROO District- MUZAFFARPUR ======================================================

1. Birendra Sahni, Son of Garbhu Sahni, resident of Village- Hirapur, P.S.- Paroo, District- Muzaffarpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bela Singh For the Opposite Party/s : Mr. Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-09-2018 Heard the parties.

Petitioner seeks bail in Paroo P.S. Case No.228 of 2018 registered for the offence under Section 376 of the I.P.C. and Section 3/4 of the POCSO Act.

Allegation against the petitioner is of committing rape upon the victim girl.

Submission of the learned counsel for the petitioner is that the victim girl has not named this petitioner in her statement made under Section 164 Cr.P.C. and medical report also does not support the prosecution case. He is in custody since 18.06.2018 Heard learned A.P.P. also who opposed the prayer for bail of the petitioner stating that other witnesses have supported the prosecution case.

Patna High Court Cr.Misc. No.47581 of 2018 (3) dt.20-09-2018 2/2 Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant bail to the petitioner at this stage. The prayer for bail of the petitioner is rejected. However, let the trial be expedited. This application is dismissed.

(Vinod Kumar Sinha, J) AnilKrSinha/- U