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Patna High CourtCR. MISC./26226/2015bail granted

Madan Sahani v. The State Of Bihar

2015-07-24Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26226 of 2015 Arising Out of PS.Case No. -118 Year- 2015 Thana -NAUTAN DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Madan Sahani son of Mangaru Sahani resident of village - South Telhuwan Daroga Singh Ke Tola, Police Station - Nautan, District - West Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Brij Kishor Mishra For the Opposite Party/s : Mr. M.Haque(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 24-07-2015 Heard learned counsels for the petitioner and the State. The petitioner is languishing in custody since 5.5.2015 in a case registered for the offences punishable under Sections 363,365 and 201 of the Indian Penal Code and sections 4 and 6 of Protection of Children from Sexual offences Act. The prosecution case is that the informant came to know through mobile that her daughter Anita Kumari was ravished by co accused Sharma Sahni. When the informant came to her house, she found the victim in precarious condition then she wanted to take her to police station but her co villagers Madan Sahni, Munna Sahni, Jagdish Sahni and Nitish Sahni forbade her and the informant was not allowed to take the victim to hospital and they

Patna High Court Cr.Misc. No.26226 of 2015 (2) dt.24-07-2015 2/2 wanted to get the issue resolved through Panchayat. Subsequently in the hospital also the informant was threatened. In 164 Cr.P.C. statement the victim stated that the petitioner, Munna Sahni and Jagdish Sahni obstructed her from raising alarm and subsequently she was being confined but she has not specifically stated as to who locked her inside the room.

It is submitted by the learned counsel for the informant that the petitioner was instrumental in locking the victim in a room.

Considering the thrust of accusation against co accused Sharma Sahni and statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent, let the above named petitioner 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 learned 1st Additional District and Sessions Judge cum Special Judge, Bettiah, West Champaran in connection with Nautan P.S. Case No. 118 of 2015. (Dinesh Kumar Singh, J) Anil/- U T