Patna High CourtCR. MISC./63220/2021rejected

Indal Sahni v. The State Of Bihar

2022-05-11Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63220 of 2021 Arising Out of PS. Case No.-418 Year-2021 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== INDAL SAHNI Son of Late Ramshrey Sahni @ Late Ramshray Sahni Resident of Village- Sirsa, P.S.- Muffasil Motihari, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yogesh Chandra Verma, Sr.Adv : Ms.Ranjana Srivastava For the Opposite Party/s :

Mr.Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 11-05-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable under Section 376 of the Indian Penal Code. Allegation against the petitioner is that he committed rape with the informant on the point of knife. Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent. He has falsely been implicated in the present case. He further submits that it appears from the FIR that it is a false and fabricated story. He

Patna High Court CR. MISC. No.63220 of 2021(3) dt.11-05-2022 2/2 further submits that the petitioner is in custody since 18.08.2021.

Learned A.P.P. for the State, on the other hand, has opposed the prayer for bail of the petitioner and submits that the statement of the victim was recorded under Section 164 Cr.P.C. in which she has categorically stated that petitioner has committed rape upon her and the medical report also suggests that the allegation against the petitioner is true. Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with Muffasil P.S.Case No.418 of 2021 corresponding to G.R.No.4633 of 2021 pending in the court of learned Chief Judicial Magistrate, East Champaran, Motihari.

Prayer is refused.

(Rajesh Kumar Verma, J) Nitesh/- U T