Sanjay Kumar Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2976 of 2020 Arising Out of PS. Case No.-267 Year-2018 Thana- KARJA District- Muzaffarpur ====================================================== SANJAY KUMAR SAHANI Son of Chandeshwar Sahani Resident of Village - Mahammadpur Khaje Tola, P.S.- Karja, District- Muzaffarpur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar, Advocate.

For the Opposite Party/s :

Mr.Lalan Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 09-10-2020 This matter has been taken up in virtual Court. Heard the parties.

The petitioner is languishing in custody for the offence punishable under Sections 341, 323, 376, 380, 427, 504 and 506/34 of the Indian Penal Code.

Allegation against the petitioner is that he ravished to a minor girl on several occasions. The victim has supported the allegation in her statement recorded under Section 164 Cr.P.C. Learned counsel for the petitioner submits that the victim voluntarily denied to undergo medical checkup. The SP of the District has also reported that the victim declined to undergo medical checkup. In the past, prayer for bail was refused on 07.05.2019 in Cr. Misc. No. 12040 of 2019. Considering the nature of allegation against the

Patna High Court CR. MISC. No.2976 of 2020(3) dt.09-10-2020 2/2 petitioner, I am not inclined to enlarge him on bail in connection with Tr. No. 29 of 2019 arising out of Karja P.S. Case No. 267 of 2018.

Prayer for bail of the petitioner is refused. Learned trial Judge is directed to expedite the trial of the aforesaid case.

SP of the district shall ensure production of the victim girl as prosecution witness at the earliest.

(Birendra Kumar, J) mantreshwar/- U T