Oshiyar Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26570 of 2019 Arising Out of PS. Case No.-133 Year-2018 Thana- DUMARIAGHAT District- East Champaran ====================================================== Oshiyar Sahni, Son of Rameshwar Sahni, Resident of Village - Barharwa Kala, P.S.- Kotwa, Distt - East Champaran.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Singh, Advocate For the Opposite Party/s :

Mr. Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 12-06-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 363, 366(A), 34 of the Indian Penal Code.

Though the victim girl has alleged commission of her kidnapping as well as commission of rape by the petitioner in her statement under Section 164 of Cr.P.C., however other connected papers, i.e., the Aadhar Card of the victim, would reveal that her date of birth is 01.01.1998. As such, she was major on the date of occurrence. Both solemnized marriage, which would be evident from the photographs of solemnization of marriage as well as certificate issued by the Prabandhak Committee, Shree Gauri Shankar Temple, where marriage was

Patna High Court CR. MISC. No.26570 of 2019(3) dt.12-06-2019 2/2 solemnized.

Submission is that she has levelled false allegation against the petitioner.

Considering the material available on record, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Sessions Trial No.805 of 2018 arising out of Dumariya Ghat Police Station Case No.133 of 2018, subject to condition that both the bailors shall be resident of within the territorial jurisdiction of the learned court below and the petitioner shall fully co-operate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) sunil/- U T