Akhilesh Kumar Sahni @ Akhilesh @ Akhilesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22821 of 2025 Arising Out of PS. Case No.-51 Year-2024 Thana- MAHILA PS District- Darbhanga ====================================================== Akhilesh Kumar Sahni @ Akhilesh @ Akhilesh Kumar S/o- GAnesh Sahni Village- Shisho West Ps- Mabbi Dist- Darbhanga ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Ganita Devi W/o- Naresh Yadav Village- Shisho West Ps- Mabbi DistDarbhanga ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Saurav Anand, Advocate For the Opposite Party/s :
Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 23-07-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Mahila P.S. Case No. 51 of 2024 dated 05.06.2024, instituted for the offence punishable under Sections 376, 34 of the Indian Penal Code and Section 4/6 of the POCSO Act.
3. The prosecution case, in short, is that on 04.06.2024 at about 11:00 pm, the petitioner and co-accused, Sidharth Kumar lured away the daughter of informant to the field of Anil Thakur. Thereafter, co-accused, Sidharth Kumar raped her while the petitioner was guarding.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.22821 of 2025(4) dt.23-07-2025 2/3 petitioner is innocent and he has been falsely implicated in this case. It is further submitted that there is no specific allegation against the petitioner rather the specific allegation is against coaccused Sidharth Kumar, who is said to have raped the daughter of informant. The statement of the victim has been recorded under Section 164 Cr.P.C. in which she has stated that the petitioner was guarding when co-accused Sidharth Kumar raped her. It is next submitted that the charges have been framed against the petitioner on 05.02.2025. Further submission is that, co-accused person namely, Sidharth Kumar Sahni @ Sidharth Kumar has been granted bail vide order dated 04.07.2025 passed by a Co-ordinate Bench of this court in Criminal Miscellaneous No. 43770 of 2025. Lastly, it has been submitted that the petitioner is in custody since 05.02.2025, he has no criminal antecedents.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge
Patna High Court CR. MISC. No.22821 of 2025(4) dt.23-07-2025 3/3 (POCSO Act), Darbhanga in Mahila P.S. Case No. 51 of 2024. (Khatim Reza, J) Sankalp/- U T