Mithun Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83349 of 2023 Arising Out of PS. Case No.-715 Year-2023 Thana- KATIHAR COMPLAINT CASE District- Katihar ====================================================== MITHUN SAHNI SON OF JABUN SAHNI @ JAGUN SAHANI (WRONGLY MENTIONED HIS AGE IS 35 YEARS IN THE COMPLAINT PETITION) (WRONGLY MENTIONED THE FATHERS NAME AS SABUN SAHNI IN PLACE OF JABUN SAHNI IN THE COMPLAINT PETITION), R/O VILLAGE- KURSELA BASTI, PACCHIMTOLA, P.S.- KURSELA, DISTRICT- KATIHAR ... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR 2.
MOST. SABITA DEVI WIFE OF LATE CHANDAN SAHNI R/O VILLAGE- KURSELA BASTI, PACCHIMTOLA, P.S.- KURSELA, DIST.- KATIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bimal Kumar , Advocate For the Opposite Party/s :
Mr. Nityanand , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-03-2024 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for the offence punishable under sections376, 379, 323 , 504, 506 and 34 of the Indian Penal Code .
3. As per the prosecution case, petitioner is alleged to have committed sexual assault with the complainant.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. As a matter of fact, there is delay of 12 days in lodging
Patna High Court CR. MISC. No.83349 of 2023(3) dt.19-03-2024 2/2 the complaint, for which there is no plausible explanation . Petitioner claims clean antecedent.
5. Learned counsel for the State opposes the prayer for bail and submits that there is direct and specific allegation against the petitioner that he forcefully entered into the house of the complainant and committed sexual assault with her.
6. Considering the nature of accusation and gravity of offence , prayer for pre-arrest bail of the petitioner is rejected. (Prabhat Kumar Singh, J) Koushik/- U T