Govind Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10774 of 2022 Arising Out of PS. Case No.-108 Year-2020 Thana- SAHIYARA District- Sitamarhi ====================================================== Govind Sahni Son Of Shivchandra Sahni R/O Village- Lakshmipur, Ward No. 2, P.S.- Sahiyara, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-04-2022 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Sahiyara P.S. Case No. 108 of 2020 corresponding to Trial No. 121 of 2020, registered for the offence punishable under Section 376/34 of the Indian Penal Code and section 3/4 of the POCSO Act.

As per the prosecution case, on 27.09.2020 in the night petitioner along with co-accused Dilip Kumar entered into house of informant and ravished her. They also threatened not to disclose the ordeal otherwise she would be killed. It is submitted on behalf of the petitioner that petitioner has falsely been implicated in this case due to previous dispute. Petitioner is in custody since 12.11.2020 having no criminal antecedent.

Patna High Court CR. MISC. No.10774 of 2022(2) dt.26-04-2022 2/2 Learned APP however, vehemently opposed the prayer for bail and submitted that the victim girl in her statement under Section 164 Cr.P.C has fully supported the prosecution case wherein she disclosed her age as 14 years. The court below has also assessed her age to be 15 years. Considering the statement of victim girl under Section 164 Cr.P.C, I am not inclined to enlarge the petitioner abovenamed on bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) vinita/- U T