Sheo Chandra Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30685 of 2014 Arising Out of PS.Case No. -176 Year- 2013 Thana -MUSAHRI District- MUZAFFARPUR ======================================================

1. Sheo Chandra Sahani S/o Hira Sahani Resident of village - Dhobahan, P.S. Mushahari, Distt. - Muzaffarpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Kumar Pandey, Adv. For the Opposite Party/s : Mr. Md. Arif. (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 31-03-2015 Heard learned counsel for the petitioner as well as learned APP for the State.

A girl, aged about six years, became victim of carnality at the end of one Sunil and on account thereof, sustained profused bleeding from her private part which was perceived by the informant, her mother. After coming of her husband, the matter was reported and accordingly, they went to inquire whereupon, they were scolded by the parents of Sunil. While they were going to Police Station, the local Sarpanch jumped into fray and further said that at the local level the matter will be sorted out. Accordingly, Panchayati was convened under the leadership of Sarpanch, Bhushan Thakur wherein it was resolved directing the family of Sunil to pay Rs. 7,000/- and, for the present, Rs. 2,000/- be paid for treatment. After having been refused the aforesaid

Patna High Court Cr.Misc. No.30685 of 2014 (4) dt.31-03-2015 offer, the instant case has been registered.

It is apparent from the Fard-e-beyan that petitioner is not named therein. It is also evident that till receiving of the supervision note recorded under paragraph-51 of the case diary, he has not been named by any of the witnesses. His appearance, though, perceived under supervision note, is not at all found corroborated subsequently. From para-19 of the supplementary case diary, it is evident that petitioner is being chased by the police.

In the aforesaid facts and circumstances of the case, petitioner, Sheo Chandra Sahani, in the event of arrest/surrender, is directed to be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Muzaffarpur in terms of condition so enumerated under Section 438(2) of the Cr.P.C. in connection with Musahri P.S case No. 176/2013. (Aditya Kumar Trivedi, J) perwez U T