Mithilesh Sahani @ Mithilesh Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13120 of 2020 Arising Out of PS. Case No.-81 Year-2019 Thana- NADI P.S. District- Patna ====================================================== MITHILESH SAHANI @ MITHILESH SAHNI, aged about 20 years, Male, Son of Raj Kumar Sahni, Resident of village - Fatehjangpur, P.S.- Nadi , Dist.- Patna ... Petitioner

Versus

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

For the Petitioner :

Mr. Manish Kumar No.2, Adv.

For the Opposite Party :

Mr. Renuka Ratnakar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 03-06-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state thorough video conferencing.

The petitioner seeks bail in connection with Special Case No. 101 of 2019 arising out of Nadi P.S. Case No. 81 of 2019 registered under Sections 341, 323, 354(A) and 504 of the Indian Penal Code and 37(c) of the Bihar Prohibition and Excise Act, 2016.

The accusation is that on 26.03.2019, the daughter of the informant, aged about 4 years, was taken by the petitioner providing biscuit near the river Gange where the petitioner tried to unfold her clothes for bad intention and causing assault to her, then, her daughter started crying, on which the informant, Annu Devi, and other neighbours reached there, then, this petitioner was seen fleeing away in drunken stage from there, leaving her

Patna High Court CR. MISC. No.13120 of 2020(3) dt.03-06-2020 2/2 daughter.

Submission is that due to dirty village politics the petitioner has falsely been implicated in this case for committing the rape on the minor daughter of the petitioner. The petitioner has no criminal antecedent and is in custody since 24.07.2019.

Having regard to the facts and circumstances of the case, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Special Case No. 101 of 2019 arising out of Nadi P.S. Case No. 81 of 2019 to the satisfaction of the Additional District & Sessions Judge I-cum-Special Judge (POCSO Act), Patna. (Rajendra Kumar Mishra, J) Shamshad/- U T