Nageshwar Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54215 of 2016 Arising Out of PS.Case No. -81 Year- 2011 Thana -SHIWAPATHI District- MUZAFFARPUR ====================================================== Nageshwar Sahni, S/o Jama Sahni, Resident of Village- Dihuli Tengrari, P.S.- Siwaipatti, District- Muzaffarpur .... .... Petitioner

Versus

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

For the Petitioner : Mr. Pawan Kumar Singh, Advocate Mr. Pradhan Murli Manohar Pd., Advocate For the Opposite Party : Mr. Shyameshwar Dayal (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 30-01-2017 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in a case instituted for the offence under Sections 376, 379/34 of the Indian Penal Code. It is alleged that on the date of occurrence while the informant was returning with her husband Pramod Sahni after treatment and reached near Malang Asthan, this petitioner with other accused as named in the written report took her in the Lichi garden. The petitioner along with Mastan committed rape with her. Ghanshyam caused scratch injury on her breast after removing her blouse. Nageshwar Sahni snatched her nose pin. Learned A.P.P. has pointed out that informant in her further statement in para-9 and another witnesses in para-10, 11

Patna High Court Cr.Misc. No.54215 of 2016 (3) dt.30-01-2017 2/2 and 12 of the case diary, have supported the allegation against this petitioner of committing rape.

In such circumstances, since there is specific allegation against the petitioner this court is not inclined to grant bail to the petitioner at this stage.

Accordingly, the prayer for bail of the petitioner is hereby rejected in connection with Siwaipatti P.S. Case No. 81 of 2011 (S.Tr. No. 219 of 2012), pending in the court of 14th Additional Sessions Judge, Muzaffarpur.

The petitioner is given liberty to renew his prayer for bail after six months, if no substantive progress is made in the case in the lower court.

The court below is directed to expedite the trial. (Sanjay Priya, J.) ravi/- U T