Patna High CourtCR. MISC./21088/2016dismissed

Awadhesh Sahni v. The State Of Bihar

2016-07-22Mr. Justice Sudhir Singh2 pages

Patna High Court Cr.Misc. No.21088 of 2016 (3) dt.22-07-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21088 of 2016 Arising Out of PS.Case No. -263 Year- 2015 Thana -MINAPUR District- MUZAFFARPUR ====================================================== Awadhesh Sahni Son of Ram Ekbal Sahni, Resident of village- Manikpur, P.S.- Minapur, District- Muzaffarpur .... .... Petitioner

Versus

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

For the Petitioner : Mr. Shashank Shekhar, Advocate For the Opposite Party : Mr. Gopesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-07-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is in custody in connection with Minapur P.S.Case No.263 of 2015 pending in the Court of Ist Additional Sessions Judge-cum-Special Judge, POCSO, Muzaffarpur registered for an offence under Sections 376 and 120B of the IPC and Section 4 of the Protection of Children from Sexual Offences Act, 2012.

As per the allegation, it is a case of rape upon the informant by the accused persons.

Petitioner is in custody since 01.02.2016. Petitioner has got no criminal antecedent. There is no allegation of tampering of evidence against the petitioner. Petitioner has falsely been

Patna High Court Cr.Misc. No.21088 of 2016 (3) dt.22-07-2016 implicated in the present case. The father of the victim wanted to get married the victim with petitioner but the same was not acceptable to the family members of the petitioner, hence the present case has been instituted. The victim is of questionable character.

On behalf of the State, it has been submitted that the petitioner is named in the FIR and on the false assurance of marriage, the petitioner established physical relationship with the victim as a result, the victim became pregnant. Considering the aforesaid facts and circumstances, I am not inclined to release the petitioner on bail at this stage, the same is rejected.

(Sudhir Singh, J) B.Kr./- U T