Patna High CourtCR. MISC./22352/2021rejected

Abadh Kishor Sahani @ Awadh Kishor Sahani v. The State Of Bihar

2022-01-18Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22352 of 2021 Arising Out of PS. Case No.-231 Year-2018 Thana- AMARPUR District- Banka ====================================================== ABADH KISHOR SAHANI @ AWADH KISHOR SAHANI Son of Ramdawan Sahani Resident of Village- Lakhawara, P.S.- Lakhaura, DistrictMotihari, East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar, Adv For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 18-01-2022 Heard learned counsel for the petitioner and the learned A.P.P. for the State in virtual Court proceeding. The petitioner seeks bail in connection with Sessions Trial No. 421of 2018 arising out of Amarpur P.S. Case No. 231 of 2018 registered for the offence under Sections 366A and 376 of Indian Penal Code and Section 4 of the POCSO Act. The prosecution case, in short, is that in the written report the daughter of the informant had gone for call of nature and she did not return. The informant has raised suspicion that somebody has kidnapped her for performing marriage. Earlier the prayer for bail to the petitioner was rejected vide order dated 20.08.2019 in Cr. Misc. No.39269 of 2019.

Patna High Court CR. MISC. No.22352 of 2021(6) dt.18-01-2022 2/2 The victim girl has been examined and the statement of the victim recorded under Section 164 Cr.P.C. The victim girl, in her statement recorded under Section 164 Cr.P.C., has categorically stated that she has been kidnapped and forcibly married and thereafter she was taken to Assam by the petitioner where he was committed rape with her.

Considering the aforesaid fact, I am not inclined to enlarge the petitioner on bail in connection with Sessions Trial No. 421 of 2018 arising out of Amarpur P.S. Case No. 231 of 2018 pending in the court of learned Addl. Sessions Judge-I, Banka.

Prayer is rejected.

(Rajesh Kumar Verma, J) Nitesh/- U T