Faguni Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81038 of 2019 Arising Out of PS. Case No.-280 Year-2018 Thana- BASOPATTI District- Madhubani ====================================================== FAGUNI SAHNI Son of Late Banwani Sahni Resident of - Soathgaon, Ward No. 7, Madhubani Tole, P.S.- Harlakhi, Distt - Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar Jha, Advocate.

For the Opposite Party/s :

Mr. Sunil Kumar Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 16-03-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offences punishable under Section 366(A) of the Indian Penal Code.

The statement of the victim girl would reveal that the petitioner allegedly ravished her after forcefully kidnapping her. Learned counsel for the petitioner submits that there is delay in lodging the FIR as well as getting statement under Section 164 Cr.P.C. recorded. In fact the victim was a consenting party.

Though the medical report and the statement of the victim is that on the date of occurrence the victim was a minor, however, the Aadhar Card would show that she was already of

Patna High Court CR. MISC. No.81038 of 2019(3) dt.16-03-2020 2/2 19 years on the date of alleged occurrence.

Considering the entire facts and nature of allegation against the petitioner as well as the fact that there is no material to corroborate that the victim was a consenting party, I am not inclined to enlarge him on bail in connection with Basopatti P.S. Case No. 280 of 2018.

Learned trial judge is directed to expedite the trial. (Birendra Kumar, J) Sonali/- U T