Mukesh Sahni @ Mukesh Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52632 of 2015 Arising Out of PS.Case No. -58 Year- 2015 Thana -RAJPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Mukesh Sahni @ Mukesh Sahani S/o Jailal Sahni, resident of VillageAsmaila, P.S. Rajepur, District- East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. B. N. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 30-01-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Rajepur P.S. Case No. 58 of 2015 registered under Sections 458, 363, 366(A), 376/511, 506 of the Indian Penal Code. It is contended by the learned counsel for the petitioner that there is no truth behind the allegation made in the first information report. The petitioner has been implicated in the present case due to local politics. It is further contended that the villagers had mistakenly caught hold of the petitioner and brutally assaulted him without any reason. The victim was not examined by any Doctor and the entire allegation is based merely on ocular

Patna High Court Cr.Misc. No.52632 of 2015 (3) dt.30-01-2016 evidence made by the informant.

Learned counsel for the State has vehemently opposed the prayer for bail. He has contended that the petitioner had tried to commit rape upon the minor girl aged about 8 years. Be that as it may, regard being had to the gravity of the offence and the serious nature of allegation made against the petitioner, I am not inclined to grant bail to the petitioner. Accordingly, the prayer for bail is rejected. The learned Sub-divisional Judicial Magistrate, Sikrahna at Motihari is directed to commit the case of the petitioner to the court of Session for trial forthwith. Once the case is committed to the court of Session, the trial Judge shall frame the charge and proceed with the trial expeditiously. If the trial is not concluded within nine months from the date of framing of charge, the petitioner would be at liberty to renew his prayer for bail in the court below itself and in that circumstance the court below, while disposing of the bail petition of the petitioner, must assign reason as to why the trial could not be completed within the stipulated period.

(Ashwani Kumar Singh, J) Amin/- U