Sita Ram Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20243 of 2021 Arising Out of PS. Case No.-541 Year-2020 Thana- MAHUA District- Vaishali ====================================================== Sita Ram Sahni, Male, aged about 40 years, Son of Gonaurr Sahni Resident of Village- Pahadpur, P.S.- Mahua, District- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Bhardwaj For the Opposite Party/s :

Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

12-07-2021 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Mahua P.S. Case No. 541 of 2020, registered for the offence under Section 376/511 of the Indian Penal Code.

As per the prosecution case, this petitioner is alleged to have entered the house of informant (victim) and tried to outrage her modesty.

It is submitted on behalf of petitioner that petitioner is next door neighbour and earlier the petitioner had objected the informant side for the illegal activities, which were carried out by the informant and her family members, and lodged a complaint, vide Complaint Case No. C1-3222/2017 under Sections 307, 354, 324 & 380 of the I.P.C., against the victim (informant), her parents and her brother and in retaliation, the present false case has been lodged against the petitioner.

Patna High Court CR. MISC. No.20243 of 2021(2) dt.12-07-2021 2/2 Petitioner is in custody since 19.09.2020.

Learned A.P.P. for the State has opposed the bail petition.

Considering the nature of allegation and period of custody, the bail petition of petitioner is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Vaishali in connection with Mahua P.S. Case No.541 of 2020, on the following conditions:

"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J.) anay U T