Sachita Nand Sahni @ Sachidanand Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21638 of 2017 Arising Out of PS.Case No. -221 Year- 2016 Thana -SULTANGANJ District- BHAGALPUR ====================================================== Sachita Nand Sahni @ Sachidanand Sahni, Son of Bibekanand Ram @ Bachchu Ram, Resident of Village-Kasimpur, P.S.- Sultanganj, DistrictBhagalpur. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Kamal Kishore Jha, Advocate For the Opposite Party/s : Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 06-07-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Sultanganj P.S. Case No. 221 of 2016 registered for the offences punishable under Sections 376, 354, 323 and 341/34 of the Indian Penal Code.

It is stated by the learned Senior Advocate for the petitioner that the informant is an adult lady aged about 24 years and a student of Auxiliary Nursing Mid-wife course and there is no truth behind the allegation that the petitioner ever sexually exploited her. Learned Senior Advocate further contended that

Patna High Court Cr.Misc. No.21638 of 2017 (2) dt.06-07-2017 2 / 2 even otherwise the ingredients of the offence punishable under Section 376 of the Indian Penal Code would not be attracted in the present case.

On the other hand, learned counsel for the State has opposed the application for grant of pre-arrest bail to the petitioner. He has submitted that on the false pretext of marriage, the petitioner established physical relationship with the informant and after six months refused to marry her.

Considering the nature of allegation, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1st, Bhagalpur in connection with Sultanganj P.S. Case No. 221 of 2016 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, in the event of arrest or surrender within a period of six weeks from today.

(Ashwani Kumar Singh, J.) Sanjeet/- U T