Chandan Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35704 of 2017 ====================================================== Chandan Sahani, son of Badari Sahani, R/o Village- Jhitkahiya, P.S.- Adapur, District- East Champaran.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Indra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-08-2017 Heard learned counsel for the petitioner. This application is for grant of regular bail in connection with Adapur P.S.Case No. 46 of 2016 registered for the offences punishable under Sections 366 and 376-G/34 of the Indian Penal Code.

Allegation against the petitioner and other accused persons is of taking the victim girl to Rajasthan and there they have committed upon her.

Submission of learned counsel for the petitioner is that petitioner has falsely been implicated in this case, as it appears from the fact that though she herself fled away from the house and if she was kidnapped and was taken to Rajasthan, information should be given to the police, but no information was given about her kidnapping and when she returned, the present case has been

Patna High Court Cr.Misc. No.35704 of 2017 (2) dt.08-08-2017 2/2 lodged. Further submission is that earlier a case has been lodged by the petitioner against the family members of the informant and, as such, the petitioner has been made accused in this case. Heard learned APP for the State, who has opposed the prayer for bail stating that victim in her statement under Section 164 Cr.P.C. has stated about commission of rape upon her. 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.

Learned trial court is directed to expedite the trial of the petitioner and try to conclude it within a period of seven months. If trial is not concluded within the said period, the petitioner may renew his prayer for bail.

With the above observation, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U