Patna High CourtCR. MISC./8418/2016rejected

Suresh Sahni v. The State Of Bihar

2016-04-11Mr. Justice Aditya Kumar Trivedi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8418 of 2016 Arising Out of PS.Case No. -148 Year- 2015 Thana -JANDAHA District- VAISHALI(HAJIPUR) ====================================================== SURESH SAHNI S/O LATE MAHAVEER SAHNI R/O VILL SOHARTHI P.S JANDAHA DISTRICT VAISHALI.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rina Sinha, Adv. For the Opposite Party/s : Mr. Anuradha Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 11-04-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.

For an occurrence alleged to have been committed in the night of 24.07.2015 written report was submitted on 03.08.2015 by the victim, Anita Devi disclosing therein that she has been raped by the petitioner.

Learned counsel for the petitioner submits that apart from inordinate delay in filing the prosecution, from the written report it is evident that accused after commission of the crime managed to escape while from the statement of the witnesses recorded under para-21, 22,23, it is evident that when villagers came, accused was lying in front of house of informant whereupon he was lifted and taken to his house. Furthermore, it has also been submitted that during medical examination, the commission of rape has not been substantiated.

The learned Additional Public Prosecutor opposed the prayer.

Patna High Court Cr.Misc. No.8418 of 2016 (3) dt.11-04-2016 Though there happens to be some sort of inconsistency on account of inordinate delay in launching the prosecution, however petitioner is at liberty to move his prayer of bail after six months of detention in case the trial is not concluded in the background of that charge sheet had already been submitted.

For the present, prayer for bail is rejected. (Aditya Kumar Trivedi, J.) PN/- U T