Gajendra Sahni @ Gajadhar Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.32810 of 2016 Arising Out of PS.Case No. -74 Year- 2016 Thana -NANHPUR District- SITAMARHI ====================================================== Gajendra Sahni @ Gajadhar Sahni, son of Sitaram Sahni, R/o villageKharka, Laxminiya Tol, P.S.- Nanpur, District- Sitamarhi .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Ashok Kumar Jha, Advocate For the Opposite Party: APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 16-08-2016 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody since 02.06.2016 in connection with Nanpur P.S. Case No. 74 of 2016 for the offences alleged under Sections 363, 366A/34 of the Indian Penal Code.
3. It is submitted that the petitioner has been falsely implicated. According to the first information report itself, the alleged occurrence transpired on 28.03.2016 whereas the FIR was instituted after an inordinate delay on 09.04.2016 without any explanation for the delay. The so-called victim girl has not supported the prosecution case in her statement recorded under Section 164 of the Cr.P.C. wherein she has claimed to be 21 years of age.
4. Having regard to the entirety of the facts and circumstances of the case, let above named petitioner be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned SubDivisional Judicial Magistrate, Pupri at Sitamarhi in connection with Nanpur P.S. Case No. 74 of 2016, with the following conditions:- (i) That one of the bailors will be a close relative of the
Patna High Court Cr.Misc. No.32810 of 2016 (2) dt.16-08-2016 2/2 petitioner.
(ii) The petitioner shall remain physically present on each and every date during trial and in the event of failure to do so on three consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the Court concerned. (Vikash Jain, J) B.T/Chandran U T