Patna High CourtCR. MISC./46229/2023allowed

Devlal Sahni v. The State Of Bihar

2023-09-19Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45883 of 2023 Arising Out of PS. Case No.-34 Year-2022 Thana- MAHILA PS District- Darbhanga ====================================================== Sahdeo Sahni Son Of Late Uchit Sahni Resident Of Village- Akraha, PsA.P.M. (ASHOK Paper Mill), District- Darbhanga ... ... Petitioner/S

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 46229 of 2023 Arising Out of PS. Case No.-34 Year-2022 Thana- MAHILA PS District- Darbhanga ====================================================== Devlal Sahni Son Of Kishan Sahni Resident Of Village- Akraha, Ps- Ashok Paper Mill (a.p.m.), District- Darbhanga ... ... Petitioner/S

Versus

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

(In CRIMINAL MISCELLANEOUS No. 45883 of 2023) For the Petitioner/s :

Mr.Girish Chandra Jha For the Opposite Party/s :

Mr.Tapeshwar Sharma (In CRIMINAL MISCELLANEOUS No. 46229 of 2023) For the Petitioner/s :

Mr.Girish Chandra Jha For the Opposite Party/s :

Mr.Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-09-2023

1. Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for regular bail in a case registered for the offence punishable under sections 366A, 376D, 506, 120B of the Indian Penal Code and Sections 4/6 of the POCSO Act.

Patna High Court CR. MISC. No.45883 of 2023(3) dt.19-09-2023 2/3

3. As per prosecution case, the allegation against the FIR named accused persons including the petitioner is that they abducted daughter of the informant and one by one committed rape with her.

4. Learned counsel for the petitioners submit that the petitioners are innocent and have committed no offence. They have falsely been implicated in this case due to earlier enmity. They have got no criminal antecedent. As per statement of the victim recorded under Section 164 of the Cr.P.C., which is annexed with Case Diary, wherein she has not stated about the complicity of the petitioner in this alleged occurrence. It is further submitted that the petitioners are languishing in judicial custody since 11.01.2023 and 13.01.2023 respectively.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioners, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Mahila P.S. Case No. 34 of 2022 on furnishing bail bond of Rs.10,000/- (ten

Patna High Court CR. MISC. No.45883 of 2023(3) dt.19-09-2023 3/3 thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court.

(Sunil Kumar Panwar, J) Manishkr/- U T