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Patna High CourtCR. MISC./15952/2021bail granted

Amarjeet Sahni v. The State Of Bihar

2021-12-22Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15952 of 2021 Arising Out of PS. Case No.-143 Year-2020 Thana- TAJPUR District- Samastipur ====================================================== 1.

AMARJEET SAHNI S/o Late Jagdish Sahni R/o village- Harpur Bhindhi, P.S.- Tajpur, District- Samastipur 2.

Jitendra Sahni S/o Shankar Sahni R/o village- Harpur Bhindhi, P.S.- Tajpur, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-12-2021 At the outset, learned counsel for the petitioners seek permission to withdraw the application of petitioner no. 1 as he has been arrested during the pendency of the application. Permission is granted.

Accordingly, the application as against the petitioner no. 1, namely, Amarjeet Sahni is dismissed as withdrawn. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioners are expected to honour their undertaking to remove the defects, as pointed out by the office, when called upon to do so by the office. The petitioners are apprehending his/their arrest in

Patna High Court CR. MISC. No.15952 of 2021(2) dt.22-12-2021 2/3 connection with Tajpur P.S. Case No. 143 of 2020 for the offence registered under Sections 341, 323, 504, 120(B) and 376 of the Indian Penal Code and Section 4, 6, and 18 of the POCSO Act.

It is a case of committing rape of minor girl, namely, Manisha Kumari aged about 14 years.

Learned counsel for the petitioner no. 2 submits that he has falsely been implicated in connection with the present case. It is further submitted that the specific allegation of committing rape with the so-called victim girl is against coaccused Sonu Kumar Sahni @ Dhodhiya and not against this petitioner. The only allegation against the petitioner no. 2 is that he intimidated the victim girl if she lodged an first information report and commenced any proceeding, she will have to face the dire consequences. He has no criminal antecedent. Considering the facts and circumstances of the case, let the petitioner no.2, above named, in the event of his/their arrest/surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge, (POCSO) Act, Samastipur in connection with Tajpur P.S.

Patna High Court CR. MISC. No.15952 of 2021(2) dt.22-12-2021 3/3 Case No. 143 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Sunil Kumar Panwar, J) Jagdish/- U T