Deepak Kumar Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2190 of 2021 Arising Out of PS. Case No.-18 Year-2020 Thana- MAHILA PS District- Darbhanga ====================================================== Deepak Kumar Sahani son of Raj Kumar Sahani Resident of VillageKnokhar, P.S. Manigachhi, District- Darbhanga ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Hari Sahni son of Late Badhai Sahani Resident of Village- Knokhar, P.S.- Manigachhi, District- Darbhanga ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md. Shahnawaz Ali For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-12-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by the office when called upon to do so by the office.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 376, 323, 504, 34 of the Indian Penal Code and Sections 5 and 6 of the Protection of Children From

Patna High Court CR. MISC. No.2190 of 2021(3) dt.02-12-2021 2/3 Sexual Offences Act.

It is alleged by the informant that on the point of knife, this petitioner committed rape to the daughter of the informant. He continued to commit rape till she became pregnant and thereafter, he got the pregnancy of the daughter of the informant aborted and continued to rape her on several occasions.

From perusal of the fardbeyan of the informant as well as 161 Cr.P.C statement of the victim aged about 16 years who corroborated and supported the prosecution version, this Court is not inclined to grant privilege of anticipatory bail to the petitioner. The prayer for bail of the petitioner stands rejected.

However, the Court below is directed to consider the regular bail of the petitioner, without being prejudiced by the order of this Court, if the petitioner surrenders before the Court below within a period of four weeks from today and pray for regular bail.

With the aforesaid observation/direction, the

Patna High Court CR. MISC. No.2190 of 2021(3) dt.02-12-2021 3/3 application stands disposed off.

(Sunil Kumar Panwar, J) Shageer/- U T