Govind Sahni @ Govind Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53048 of 2017 Arising Out of PS.Case No. -60 Year- 2017 Thana -GADHPURA District- BEGUSARAI ======================================================

1. Govind Sahni @ Govind Sahani, S/o Guneshwar Sahni, R/o VillageManikpur, P.S.- Garhpura, District- Begusarai. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Daya Shankar Prasad Sinha For the Opposite Party/s : Mr. Sri Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 12-12-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Garhpura P.S. Case No.60 of 2017 registered under Sections 341, 323, 504, 376 and 34 of the Indian Penal Code and Sections 8, 12 and 17 of POCSO Act.

The petitioner along with other accused are said to have committed rape against the daughter of the informant. It is submitted by learned counsel for the petitioner that there is no independent witness of the occurrence. Son of the informant, namely, Nitesh Kumar and Mukesh Sahni have made attempt to commit murder of the cousin of the petitioner and had also extended threatening of dire consequences to his aunt and her

Patna High Court Cr.Misc. No.53048 of 2017 (3) dt.12-12-2017 2/2 family members. Regarding the said occurrence, his aunt, namely, Sunita Devi has lodged FIR on 11.6.2017 and due to aforesaid grudge, the informant has falsely implicated the petitioner in the case. It is further submitted that the occurrence is said to be of 08.06.2017 but FIR has been lodged after inordinate delay on 16.7.2017 without assigning any plausible reason for the said delay. It is further submitted that though the victim has supported the prosecution case in her statement under Section 164 Cr.P.C. but she did not face the medical examination rather escaped from the hospital along with her family members. The petitioner has been languishing in custody since 17.08.2017.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge-I-cumSpecial Judge, POCSO Act, Begusarai in connection with Garhpura P.S. Case No.