Patna High CourtCR. MISC./54589/2016bail granted

Subodh Sahani v. The State Of Bihar

2017-01-10Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54589 of 2016 Arising Out of PS.Case No. -120 Year- 2016 Thana -BHAGWANPUR DistrictVAISHALI(HAJIPUR) ====================================================== Subodh Sahani S/o Maujelal Sahani village-Harbanshpur Paschmi tola P.S.- Bhagwanpur Distt.-Vaisharli .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vijay Kumar For the Opposite Party/s : Mr. Sri Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 10-01-2017 Heard learned counsel for the petitioner and the learned counsel representing the State.

The petitioner seeks bail in connection with Bhagwanpur P.S. Case No.120 of 2016 registered for the offences punishable under Sections 376, 511, 323 of the Indian Penal Code and 4/6 of Posco Act.

Allegedly, the petitioner tried to commit rape with the daughter of the informant and assaulted her causing bleeding from her mouth and nose but after hearing cry, nearby person assembled and the petitioner was caught.

Submission is of false implication due to Panchayat election, there is no injury report and the petitioner is

Patna High Court Cr.Misc. No.54589 of 2016 (2) dt.10-01-2017 2/2 suffering in custody since 28.07.2016 and as such the petitioner deserves sympathetic consideration.

Learned APP opposes the prayer of bail.

In the facts and circumstances stated above, considering the chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence and as such the petitioner above named is directed to be released on bail on execution of bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Hajipur at Vaishali in connection with Bhagwanpur P.S. Case No.120 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the Court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) Sanjeev/- U T