Bhutan Sahani @ Bhusan Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40854 of 2019 Arising Out of PS. Case No.-77 Year-2018 Thana- MAHILA PS District- East Champaran ====================================================== BHUTAN SAHANI @ BHUSAN SAHNI Son of Girdhari Sahni, Resident of Village- Majurahan, P.S.- Turkauliya, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Kumar No.1 For the Opposite Party/s :

Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 03-07-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Mahila P.S. Case No. 77 of 2018 registered for offence punishable under sections 341, 342, 376(D)/34 of the Indian Penal Code and 4/6 of the POCSO Act. Allegation has been made by the victim that she herself went to police station and made her statement about the commission of sexual assault upon her. The victim in her statement recorded under section 164 Cr.PC. has taken the name of this petitioner.

Looking to the facts and circumstances of the case, this Court is not inclined to grant bail to the petitioner and accordingly his prayer for bail is rejected. However, if the

Patna High Court CR. MISC. No.40854 of 2019(2) dt.03-07-2019 2/2 petitioner surrenders and prays for regular bail, the court below without being prejudiced by this order, will take decision in accordance with law.

(Shivaji Pandey, J) Mahesh/- U T