Patna High CourtCR. MISC./73119/2018dismissed

Madan Sahani @ Madan Sahni v. The State Of Bihar

2019-01-09Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.73119 of 2018 Arising Out of PS. Case No.-216 Year-2018 Thana- KESARIA District- East Champaran ====================================================== Madan Sahani @ Madan Sahni Son of Sudama Sahani Resident of VillageDhekaha, P.S. Keshariya, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madhurendra Kumar For the Opposite Party/s :

Mr.Smt. Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 09-01-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Keshariya P.S. Case No. 216/2018, instituted for offence under Section(s) 377 of the Indian Penal Code.

It is alleged in the written report that on the date of occurrence informant was at his door. In the meantime his villager Madan Sahani (petitioner) came and on the pretext of providing Lalmi brought his son Chandan Kumar, who is seven year old, towards Diyara area. When the son of informant came to the house, he narrated that Madan Sahani (petitioner) has committed unnatural offence with him.

Statement of the victim boy recorded under Section 164 Cr.P.C. is available in case diary wherein he has supported

Patna High Court Cr.Misc. No.73119 of 2018(3) dt.09-01-2019 2/2 the case in para 38. Victim boy has been medically examined. In medical report doctor has found injury on his anal canal as mentioned in para 52 of case diary.

Considering the aforesaid facts, this Court is not inclined to grant bail to the petitioner at this stage. Accordingly, prayer for bail of petitioner is rejected.

The trial court is directed to expedite the trial. Petitioner is given liberty to renew the prayer for bail after six months in the event no substantive progress is made in trial.

(Sanjay Priya, J) rakhi/- U T