Sarvajeet Sahani @ Bengari Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50586 of 2023 Arising Out of PS. Case No.-794 Year-2022 Thana- BRAHMPUR District- Buxar ====================================================== Sarvajeet Sahani @ Bengari Sahni Son of Ramashankar Sahni @ Ramashankar Mallah Resident of Village- Balua, P.S.- Brahmpur, DistrictBuxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Sharda Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-08-2023 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in case registered for the offences punishable under Sections 363, 376/34 of the Indian Penal Code.

3. Prosecution case, in brief, is that on 05.11.2022 at about 8:00 pm, co-accused Mina Devi and Rajendra Prasad, who happen to be co-villagers of the informant, called her at their house and thereafter co-accused Rajendra Prasad along with four named accused including this petitioner came there by vehicle and forcibly took her to Buxar and committed rape upon her.

4. It is submitted on behalf of the petitioner that there is no eye witness of the occurrence. Victim is a married lady and

Patna High Court CR. MISC. No.50586 of 2023(2) dt.17-08-2023 2/2 this petitioner has been made accused only on suspicion. Petitioner has got clean antecedent.

5. Considering the nature and gravity of the offence, prayer for anticipatory bail of the petitioner is refused. (Prabhat Kumar Singh, J) Navya/- U T