Allowed

Kamlesh Kumar Sahni @ Kamlesh Sahni v. The State Of Bihar

Patna HC4 Jul 2014CR. MISC./10751/2014

Case brief

AI extract

What is this about?

The Patna High Court granted bail to the petitioner in a rape case instituted under sections 447 and 376 IPC. The court noted a significant delay in FIR filing, lack of explanation, and contradicting medical reports regarding pregnancy. The petitioner surrendered and has no criminal antecedents. Bail was granted subject to bonds and sureties.

What did the court decide?

Ordered the petitioner released on bail upon furnishing bail bonds of Rs. 10,000 with two sureties of equal amount to the satisfaction of the CJM, Siwan.

Kamlesh Kumar Sahni @ Kamlesh Sahni Vs The State Of Bihar — Bail and Remand | Patna HC (2014)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.10751 of 2014

¶2

Arising Out of PS.Case No. -35 Year- 2013 Thana -MAHILA P.S. District- SIWAN ====================================================== Kamlesh Kumar Sahni @ Kamlesh Sahni S/O Lal Bahadur Sahani Resident of Village-Bhadaura, P.S.-Siwan Muffasil, Dist.-Siwan .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Krishna Kant Singh, Advocate. For the Opposite Party/s : Mr. Ashok Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 4 04-07-2014 Heard learned counsel for the petitioner and learned A.P.P. for the State.

¶3

The petitioner seeks bail in Siwan Sadar Mahila P.S. Case No. 35 of 2013 dated 01.08.2013 instituted under Sections 447 and 376 of the Indian Penal Code.

¶4

Learned counsel for the petitioner submits that though the allegation against him is that he committed rape on the informant on 18.07.2013 but the F.I.R. has been instituted only on 01.08.2013 and for this delay absolutely no explanation has been given. It is submitted that in the F.I.R. itself it is stated that after the incident a ‘panchaity’ was held which called upon the petitioner to marry the informant which he refused and then there is no explanation why after that no F.I.R. was lodged and in fact

¶5

Patna High Court Cr.Misc. No.10751 of 2014 (4) dt.04-07-2014

¶6

2/3

¶7

only after a second attempt was made on 31.07.2013 the F.I.R. was finally lodged on 01.08.2013 and that too at 11.00A.M. when the incident is said to have taken place at 12.00 mid night. Learned counsel has drawn the attention of this Court to Annexure-2, which is copy of Siwan Sadar Muffasil P.S. Case No. 287 of 2013, dated 17.07.2013, in which the informant is the mother of the girl and the allegation is against Mukesh Sah (not the petitioner) of molestation of the victim who is the informant of the present case. Learned counsel submits that prior to this also Siwan Muffasil P.S. Case No. 362 of 2011 was lodged against one Kanhaiya Sahani in which also the present informant Kanhaiya Sahani is alleged to have forcibly taken the present informant to the field and had attempted to abuse her.

¶8

Learned counsel submits that in the ultrasound report of the informant dated 03.08.2013, it has been found that she had been carrying pregnancy of four weeks one day and thus the allegation against the petitioner of committing rape two weeks prior to the date gets falsified as there is no explanation of how she became pregnant from much prior to the date of occurrence when she is unmarried. It is further submitted that in the medical report, no spermatozoa has been found. Learned counsel submits that the petitioner himself surrendered before the Court on 24.10.2013 and

¶9

Patna High Court Cr.Misc. No.10751 of 2014 (4) dt.04-07-2014

¶10

3/3

¶11

has no criminal antecedent.

¶12

Learned A.P.P., upon going through the case diary,

¶13

does not dispute the aforesaid position.

¶14

Considering the facts and circumstances of the case and submissions of learned counsels for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Siwan

¶15

in Siwan Mahila P.S. Case No. 35 of 2013.

¶16

(Ahsanuddin Amanullah, J.)

¶17

Mkr./-

¶18

Kamlesh Kumar Sahni @ Kamlesh Sahni v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Kamlesh Kumar Sahni @ Kamlesh Sahni v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Suraj Kumar Vs The State Of Bihar

Sukh Bihari Singh and Anr. Vs The State Of Bihar

Pramod Singh and Anr. Vs The State Of Bihar

Gopal Sao @ Gopal Sah @ Gopal Kumar Sah Vs The State Of Bihar

Supan Kumar Rai Vs The State Of Bihar

Akhilesh Mandal @ Akhilesh Kumar Mandal Vs The State Of Bihar