← Library
Patna High CourtCR. MISC./40141/2016dismissed

Raja Sahani v. The State Of Bihar

2016-09-20Mr. Justice Aditya Kumar Trivedi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40141 of 2016 Arising Out of PS.Case No. -108 Year- 2015 Thana -MAKER District- SARAN ======================================================

1. Raja Sahani Son of Uma Sahani, resident of Village Baghakol, Police Station- Maker, District- Saran (Chapra).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Singh, Advocate For the Opposite Party/s : Mr. Sri Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 20-09-2016 Heard learned counsel for the petitioner as well as learned APP.

For an occurrence committed in the night of 29.09.2015 whereunder on the point of fire-arm, petitioner, Raja Sahani and Soni Sahani committed rape upon the informant/victim, prosecution has been launched on 01.10.2015. Learned counsel for the petitioner has submitted that there happens to be inordinate delay without any proper explanation. Furthermore, witnesses have not supported the aforesaid theme. Also submitted that medical report did not justify the allegation. Further submitted that petitioner happens to be under custody since 15.06.2016.

Learned APP opposed the prayer for bail.

Considering the allegation having been attributed to

Patna High Court Cr.Misc. No.40141 of 2016 (2) dt.20-09-2016 the petitioner along with one Soni Sahni whose prayer for bail stood rejected at an earlier occasion vide Cr.Misc. No. 36459/2016, I do not see it a fit case for grant of bail. Prayer for bail is, accordingly, rejected.

(Aditya Kumar Trivedi, J) perwez U T