Patna High CourtCR. MISC./52883/2021bail granted

Surendra Sahni v. The State Of Bihar

2022-03-09Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52883 of 2021 Arising Out of PS. Case No.-22 Year-2020 Thana- MAHILA P.S. District- Samastipur ====================================================== SURENDRA SAHNI SON OF RAMDEV SAHANI R/O VILLAGESIMARIYA BHINDI, P.S.- KALYANPUR, DIST.- SAMASTIPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 09-03-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 376AB, 341, 342, 323, 504, 506 and 34 of the Indian Penal Code and section 4 of the POCSO Act.

As per the prosecution case, the minor daughter of the informant was raped by one Randhir Kumar. It is further stated by the informant that on learning about the occurrence and on going to the house of Randhir Kumar to protest, it is stated that the three named accused persons including the petitioner herein started to abuse the informant and was ready to beat her up.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. Even

Patna High Court CR. MISC. No.52883 of 2021(2) dt.09-03-2022 2/2 as per the F.I.R., the main allegation is against co-accused Randhir Kumar. The petitioner is in custody since 29.7.2021 and has no criminal antecedent.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case together with the petitioner having remained in custody for more than 7 months and not having any criminal antecedent, the Court directs the petitioner to be enlarged on bail in connection with Mahila P.S. Case no.22 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge VI-cum-Special Judge, POCSO Act, Samastipur, District Samastipur.

(Partha Sarthy, J) Saurabh/- U T