Santosh Sahni v. The State Of Bihar
Patna High Court CR. APP (SJ) No.1299 of 2017 (5) dt.25-07-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.1299 of 2017 Arising Out of PS.Case No. -30 Year- 2016 Thana -RUNISAIDPUR District- SITAMARHI ====================================================== Santosh Sahni, Son of Baidyanath Sahni, Resident of Village- Koahi, P.S.- Runisaidpur, District- Sitmarhi.
.... .... Appellant/s
Versus
The State of Bihar.
.... .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. Ashok Kumar Sinha, Advocate : Mr. Virendra Kumar, Advocate For the Respondent/s : Smt Usha Kumari No-1, Spl PP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-07-2017 The appellant seeks bail in connection with Runnisaidpur P.S. Case No. 30 of 2016 registered for offences punishable under section 376/504 of the Indian Penal Code and Section 3⁄4 of SC/ST (POA) Act.
The allegation against the appellant is of committing rape upon the informant and when the informant became pregnant, the appellant refused to marry her and also abused her by taking her caste name.
It has been submitted on behalf of the appellant that the girl is not a minor girl and further whatever allegation has been made against the appellant when he returned back to his native village and there was no complaint against him when they were residing at Dehradun since 2014. The appellant has been in
Patna High Court CR. APP (SJ) No.1299 of 2017 (5) dt.25-07-2017 custody for about six and half months.
Heard learned Special PP also, who opposed the prayer for bail on the ground that appellant has committed rape upon the informant and he refused to marry her when she became pregnant. Having heard both sides, in view of the facts and circumstances of the case, I am not inclined to grant bail to the appellant. However, learned 1st Additional Sessions Judge is directed to expedite the trial and concluded the same within a period of 7 months. In case the trial is not concluded within the said period, the appellant would be at liberty to renew his prayer for bail.
With the above observation, this application is dismissed.
(Vinod Kumar Sinha, J) veena/- U T