Sudhir Soni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1614 of 2021 Arising Out of PS. Case No.-27 Year-2020 Thana- NAVINAGAR District- Aurangabad ====================================================== SUDHIR SONI, Son of Sanjay Soni Resident of Mohalla- Durga Mandir, Patel Gali, Ward No.17, P.S.- Dehri, Distt- Rohtas. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amit Anand, Advocate For the Opposite Party/s :
Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 10-03-2021 Heard Mr. Amit Anand, learned Counsel for the petitioner and Dr. Indiwar Kumari, learned Additional Public Prosecutor for the State, through Video Conferencing. This application, for grant of regular bail, arises out of Nabinagar Police Station Case No. 27 of 2020, disclosing offences under Section 452/354(B)/376/511/504/506 of the Indian Penal Code.
The allegation, as per the First Information Report is that while the informant was alone in her maternal uncle rooms, the petitioner entered into the house and tried to outrage her modesty by disrobing her and also tried to commit rape upon her.
Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged
Patna High Court CR. MISC. No.1614 of 2021(2) dt.10-03-2021 2/3 and he has falsely been implicated in this case due to land dispute between uncle (Mama) of the informant and father-inlaw of the petitioner inasmuch as petitioner is son-in-law of Kanhai Soni and informant, namely, Puja Kumari, lives with Govind Soni, i.e., brother of Kanhai Soni. Learned counsel next submits that there is considerable delay in lodging the FIR inasmuch as the offence has allegedly been committed by the petitioner on 30.01.2020 and written application was submitted before the S.P. on 07.02.2020 and FIR was lodged on 11.02.2020. Learned counsel further submits that brother of his father-in-law has lodged two others cases against the petitioner earlier due to the land dispute in which the petitioner is on bail.
Having regard to the submissions made by the parties and taking into consideration the materials on record and the fact that petitioner is son-in-law of the brother of uncle of informant and there is land dispute between them and petitioner is in custody since 18.09.2020 and the chargesheet has already been submitted in this case, I am inclined to grant regular bail to the petitioner.
Accordingly, let the petitioner, Sudhir Soni, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.1614 of 2021(2) dt.10-03-2021 3/3 satisfaction of learned Chief Judicial Magistrate, Aurangabad, in connection with Nabinagar Police Station Case No. 27 of 2020. It is made clear at the time of furnishing bail bond, all the parties shall follow the guidelines regarding social distancing.
(Anil Kumar Sinha, J.) sanjeev/- U T