Lakindra Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25812 of 2022 Arising Out of PS. Case No.-26 Year-2019 Thana- LALGANJ District- Vaishali ====================================================== Lakindra Sahni S/o Sri Ram Sanehi Sahni R/o village- Etbarpur, P.S.- Lalganj, District- Vaishali ... ... Petitioner

Versus

1.

The State of Bihar 2.

Nisha Kumari D/o Shravan Sharma R/o village- Etbarpur, P.S.- Lalganj, District- Vaishali (Informant) ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr. Sarwan Kumar, Senior Advocate Mr.Krishna Kumar Singh, Advocate For the Opposite Party/s :

Mr.Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 16-08-2022 Heard Mr. Sarwan Kumar, learned Senior Counsel for the petitioner and the learned APP for the State. Let the defect(s), if any, as pointed out by the office, be removed within four weeks.

The petitioner is in custody in connection with Lalganj P.S. Case No. 26 of 2019 under sections 341, 323, 354, 506 of the Indian Penal Code and Section 8 and 12 of the POCSO Act.

As per the prosecution story, when the victim girl was returning home along with her younger brother and grandmother, it is alleged that accused-petitioner herein who was in drunken condition, pushed the victim girl on the ground and

Patna High Court CR. MISC. No.25812 of 2022(2) dt.16-08-2022 2/3 acted indecently. As the brother and the grand-mother raised 'hulla', he fled away from the place. Later, the informant's family members were threatened that in case they took up the matter, dire consequences will follow.

The learned Senior Counsel submits with the help of para-10 of the bail application that post FIR, no progress have taken place and three years later on 21.3.2022, statement of the victim girl was recorded under section 164 of the Cr.P.C. in which she exaggerated the matter saying that she was molested too on the basis of thereof, the petitioner was arrested on the same day. He submits that neither he was absconding nor the police took steps for his arrest and as such the delay in his judicial custody for three years is not deliberate. He lastly submits that the petitioner has no criminal antecedent. Taking into account the aforesaid facts as also that the charge-sheet stands submitted and the petitioner has no criminal antecedent as also that he is in custody since 21.3.2022, this Court is inclined to grant him the privilege. Let the 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 Additional District Judge VI cum Exclusive Special Court POSCO,

Patna High Court CR. MISC. No.25812 of 2022(2) dt.16-08-2022 3/3 Vaishali, in connection with Lalganj P.S. Case No. 26 of 2019 subject to the following conditions:

(i) one of the bailors should be the family members of the petitioner, who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reasons will entail his cancellation of bail by the Trial Court itself;

(iii) he shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of his bail bonds.

With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Ravi/- U T