Sri Ram Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24974 of 2021 Arising Out of PS. Case No.-153 Year-2020 Thana- PIYAR District- Muzaffarpur ====================================================== SRI RAM SAHNI S/o Late Raj Sahni R/o village- Hattha Mallah Toli, P.S.- Piar (O.P.- Hattha), District- Muzaffarpur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Yugal Kishore, Advocate For the Opposite Party/s :

Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 15-12-2021 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 376, 511, 504, 506 and 34 of the Indian Penal Code and section 6 of the POCSO Act.

As per the prosecution case, the petitioner is stated to have made an attempt to commit rape on the granddaughter of the informant. It is further sated that the petitioner was caught by the nephew of the informant and also others but the six named accused persons managed to rescue him.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case for oblique reasons. It is submitted that from perusal of the contents of the FIR together with the statement of the alleged victim recorded under section 164 Cr.P.C. it would transpire that

Patna High Court CR. MISC. No.24974 of 2021(3) dt.15-12-2021 2/2 the two statements are at complete variance to each other. The petitioner is in custody since 9.11.2020 and has no criminal antecedent.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, the petitioner having remained in custody for over 1 year and chargehsheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Piar P.S. Case no. 153 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 7th Addl. Sessions Judge - cum - Spl. Judge, POCSO, Muzaffarpur.

(Partha Sarthy, J) Spd/- U T