Shashi Ranjan Kumar Sahni @ Shashi Ranjan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28533 of 2021 Arising Out of PS. Case No.-159 Year-2020 Thana- BARGAINIA District- Sitamarhi ====================================================== Shashi Ranjan Kumar Sahni @ Shashi Ranjan Kumar, aged about 20 years, male, S/o Puran Sahni, Resident of Village- Godhiya Haraj, P.S.- Shikarganj, District- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Uday Kumar, Adv.
For the Opposite Party/s :
Mr. Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 13-01-2022 Heard Mr. Uday Kumar, the learned Advocate for the petitioner and Mr. Akhileshwar Dayal, the learned APP for the State.
The petitioner seeks bail in anticipation of his arrest in connection with Bairganiya P.S. Case No. 159 of 2020, dated 01.09.2020, instituted for the offences under Sections 363, 366(A), 504 and 506 of the Indian Penal Code.
Patna High Court CR. MISC. No.28533 of 2021(2) dt.13-01-2022 2/3 The victim girl aged 13 years, who is the daughter of the informant, was found missing one day when she had gone to take a walk outside her house. The informant was told that the petitioner, his uncle and two others have kidnapped the victim girl. Later, on entreaties made by the informant, the victim girl was reached to his house but with a threat that in the event of any case being registered against the accused persons, his daughter would loose her life. A panchayati also was convened by the informant but the accused persons refused to take any action against the petitioner, who used to eve teasing the victim in the past by uploading scurrilous, objectionable and obscene pictures on her Whatsapp.
The learned counsel for the petitioner has submitted that the accusation, on face of it, does not inspire confidence as it is not known where the victim remained for about five days. Had the petitioner been stalking the victim girl in the past, appropriate case should have been lodged against him. It has further been submitted that there is some dispute of the informant with one Vijay Kumar Saxena,
Patna High Court CR. MISC. No.28533 of 2021(2) dt.13-01-2022 3/3 who is the uncle of the petitioner and, therefore, this allegation has been levelled against him. It has also been submitted that there is no statement by the victim girl about the accusation against the petitioner of eve-teasing her on earlier occasions.
Be that as it may, regard being had to the nature of accusation against the petitioner, I am not inclined to grant him the privilege of anticipatory bail. The prayer for grant of anticipatory bail to the petitioner is, accordingly, rejected.
However, if he surrenders before the Court below and seeks bail, the Court below, after taking into account all the grounds noted-above, shall pass order in accordance with law on its own merits, without being prejudiced by the fact that the present anticipatory bail application has not been entertained by this Court.
The application stands dismissed.
(Ashutosh Kumar, J) Praveen-II/- U T