Pankaj Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11983 of 2019 Arising Out of PS. Case No.-164 Year-2018 Thana- PURAINI District- Madhepura ====================================================== Pankaj Sahni, aged about 25 years (M), Son of Yogendra Sahni Resident of Village - Puraini, P.S. - Puraini, District - Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pawan Kumar For the Opposite Party/s :

Mr. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-02-2019 Heard leaned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 13.10.2018 in a case registered for the offences punishable under Sections 341, 323, 504, 376 and 511 of the Indian Penal Code.

The prosecution case as per the written report of Revti Devi submitted to SHO, Puraini Police Station is to the effect that on 17.09.2018 at about 12.00 P.M., the informant entered

Patna High Court CR. MISC. No.11983 of 2019(2) dt.27-02-2019 2/3 into the house of the informant and tried to ravish her. On alarm being raised, the informant escaped from the place of occurrence.

It is submitted by learned counsel for the petitioner that for the occurrence of 17.09.2018, the FIR has been registered on 23.09.2018. It is further submitted that there is no medical report on record to corroborate the accusation and investigation has already been concluded. A statement has been made in paragraph no. 3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP for the State submits that since the informant was ready to resolve the issue through Panchayat, but the petitioner did not appear before the Panchayat, leading to the registration of FIR against the petitioner.

Considering the delayed lodging of the case, investigation already being concluded and accusation not being corroborated by any medical report, coupled with statement made in paragraph no. 3 of the petition that the petitioner is not having any criminal antecedent, 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 JM-Ist Class, Uda-Kishunganj,

Patna High Court CR. MISC. No.11983 of 2019(2) dt.27-02-2019 3/3 Madhepur in connection with Puraini P.S. Case No.164 of 2018.

(Dinesh Kumar Singh, J) Deepak/Rahul/- U T