Patna High CourtCR. MISC./30356/2021bail rejected

Sachindra Sahani @ Sachindra Kumar v. The State Of Bihar

2021-10-26Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30356 of 2021 Arising Out of PS. Case No.-164 Year-2018 Thana- KALYANPUR District- Samastipur ====================================================== Sachindra Sahani @ Sachindra Kumar S/O Khobhari Sahani R/O VillageGopalpur, P.S.- Kalyanpur, District-Samastipur. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Bijay Bhushan Prasad, Advocate For the Opposite Party :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-10-2021 Heard learned counsel for the petitioner and the State. The petitioner seeks regular bail in Kalyanpur Police Station Case No. 164 of 2018 registered for the offences punishable under sections 366A/34 and other allied sections of the Indian Penal Code and section 3 of the SC/ ST Act. As per the prosecution case, on 1.10.2018 petitioner and other accused persons kidnapped the daughter of the informant and dropped her at Gopalpur on 2.10.2018. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case due to village politics and group rivalry and in fact the victim had eloped with her beloved. The doctor has not found any sign of rape on the person of the victim. Petitioner has got clean antecedent as stated in paragraph 3 of the bail petition.

Patna High Court CR. MISC. No.30356 of 2021(4) dt.26-10-2021 2/2 Petitioner is in custody since 21.10.2021.

Learned counsel for the State opposes the prayer for bail and submits that the victim in her section 164 Cr.P.C. statement has supported the prosecution case. Doctor has found her age to be 15/16 years and has opined that physical relation has been established in the recent past.

Considering the rival submissions of the parties, materials available on the record and the nature of accusation against the petitioner, his prayer for bail is refused. (Prabhat Kumar Singh, J) Shashi U T