Ramnath Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20674 of 2020 Arising Out of PS. Case No.-175 Year-2019 Thana- BHAGWANPUR District- Vaishali ====================================================== Ramnath Sahani, S/o Satyanarayan Sahani, Resident of Village- Wafapur balchu, P.S.- Bhagwanpur, Distt- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey, Advocate Mr.Ashok Kumar Singh, Advocate For the Opposite Party/s :

Mr.Anand Mohan Prasad Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 25-01-2021 As prayed for, the petitioner is permitted to make necessary correction in the prayer portion of the bail petition. Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Bhagwanpur P.S. Case No.175 of 2019, registered for the offence punishable under Sections 341, 323, 376, 387 and 379/34 of the Indian Penal Code. The allegation against co-accused, namely, Vijay Sahani and Bihari Sahani is to have committed rape upon the victim girl, namely, Veena Kumari, aged about 14 years in the maize field of one Madan Singh and, thereafter, the petitioner has allegedly assaulted and took away the money, however, counsel for the petitioner submits that there is general and

Patna High Court CR. MISC. No.20674 of 2020(6) dt.25-01-2021 2/2 omnibus allegation against the petitioner and no specific role has been attributed against the petitioner. There is specific allegation of rape against the co-accused Vijay Sahani and Bihari Sahani and not the petitioner.

Looking to the entire facts and circumstances of the case, let the petitioner, above-named, be released on anticipatory bail in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-1st, Vaishali at Hajipur in connection with Bhagwanpur P.S. Case No. 175 of 2019, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure with a further condition that whenever the police will call the petitioner for the purposes of investigation and interrogation, he will remain present for the investigation. In the event of being absent on two consecutive dates without reasonable explanation, the present order will be treated to have been cancelled. (Shivaji Pandey, J) V.K.Pandey/- U T