Patna High CourtCR. MISC./30970/2013bail granted

Raushan Sahani v. The State Of Bihar

2013-12-24Mr. Justice Navaniti Prasad Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30970 of 2013 ====================================================== Raushan Sahni, son of Ram Sewak Sahni, resident of village-Ladaho, P.S.- Biraul, District-Darbhanga. ... .... Petitioner.

Versus

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

For the Petitioner/s : Mr. Ashutosh Kumar, Adv. Mr. Rana Vikram Singh, Adv.

For the Informant : Mr. Girish Chandra Jha, Adv. For the State : A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH ORAL ORDER 24-12-2013 The petitioner apprehends his arrest in Biraul P.S. Case No.202 of 2012 instituted under Sections-376, 316 & 504/34 of the Indian Penal Code.

The case of the prosecution is that informant's daughter, aged about 14 years, was induced into having sex by the petitioner and when she became pregnant the petitioner was asked to marry her. He gave her medicine for abortion. She became very critical but after long treatment she became normal.

Learned counsel for the petitioner refers to the medical report that the girl was virtually adult and not of 14 years as alleged. The report of the medical board does not suggest any abortion or for any such complication though the report is almost three months after the incident of abortion. Mr. Ashutosh Kumar, learned counsel for the petitioner submits that if one looks to the statement of the girl under Section-164 Cr.P.C., the F.I.R. and the

Patna High Court Cr.Misc. No.30970 of 2013 (03) dt.24-12-2013 2/2 medical report, it would clearly show that the girl is in fact a major and she indulged in consensual sex.

Be that as it may, in the event of arrest or surrender within four weeks from today, the petitioner, namely, Raushan Sahni, shall be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of like amount each to the satisfaction of S.D.J.M., Biraul, Darbhanga in connection with Biraul P.S. Case No.202/12, subject to all conditions as laid down in Section-438(2) of the Criminal Procedure Code.

(Navaniti Prasad Singh, J.) Trivedi/-