Patna High CourtCR. MISC./40217/2019bail granted

Arjun Sahni v. The State Of Bihar

2019-07-04Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40217 of 2019 Arising Out of PS. Case No.-161 Year-2018 Thana- DHANAHA District- West Champaran ====================================================== ARJUN SAHNI Son of Khedan Choudhary Resident of Village - Devipur Bazar, P.S. - Dhanha, District - West Champaran, Bettiah. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Anjum Akhter For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 04-07-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Dhanha P.S. Case No. 161/2018, instituted for offence under Section(s) 341, 342, 376 and 506 of the Indian Penal Code read with Section 4 of POCSO Act.

It is alleged in the written report that three and half months back the petitioner had caught hold the informant in the field and committed rape with her. It is further alleged that petitioner thereafter always made call to the informant and used to commit illegal act with her after giving her fear. From the written report it appears that relationship of the petitioner with informant continued for

Patna High Court CR. MISC. No.40217 of 2019(2) dt.04-07-2019 2/2 three and half months.

Petitioner has been medically examined. Medical report has been enclosed as Annexure-2, which shows that girl is major. Her age is between 17 to 19 years. There is no sign of recent sexual assault.

Learned counsel for the petitioner has submitted that petitioner is in custody since 31.08.2018.

Considering the aforesaid facts and circumstances, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released 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 1st Addl. Sessions Judge-cum-Special Judge, West Champaran, Bettiah, in connection with Dhanha P.S. Case No. 161/2018, subject to the conditions that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J) rakhi/- U T