Ram Babu Sahni v. The State Of Bihar

Patna High Court Cr.Misc. No.53830 of 2015 (3) dt.18-01-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53830 of 2015 Arising Out of PS.Case No. -62 Year- 2015 Thana -MOTIPUR District- MUZAFFARPUR ====================================================== RAM BABU SAHNI S/O NATHUNI SAHNI, Resident of village Kamrauli. Police Station- Simri, District- Darbhanga. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Prabhakar Jha For the Opposite Party/s : Mr. A.Dayal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 18-01-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner seeks bail in connection with Motipur P.S. Case No. 62 of 2015 registered for the offences under Sections 366(A), 376, 120 (B)/34 of the Indian Penal Code. Allegedly, Nitu Kumar, the daughter of the informant, was kidnapped and the petitioner committed rape with her which is evident from the statement of victim recorded under Sections 161 and 164 of the Cr.P.C.

Submission is of false implication and that the love affairs was going on between the petitioner and the victim, the victim is major one and as such no offence under Section 376 IPC is made out, the victim has named the petitioner under pressure

Patna High Court Cr.Misc. No.53830 of 2015 (3) dt.18-01-2016 resulting the petitioner is suffering in custody since 02.07.2015. Learned A.P.P. opposes the prayer of bail by submitting that the petitioner has committed rape with her. In the facts and circumstances stated above, considering the allegation attributed against the petitioner serious in nature, this Court is not inclined to enlarge the petitioner on bail accordingly, his such prayer stands rejected. (Jitendra Mohan Sharma, J) avin/-Siddharth U T