Uday Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45737 of 2019 Arising Out of PS. Case No.-48 Year-2019 Thana- BHAGWANPUR District- Vaishali ====================================================== UDAY SAHNI, S/o Late Jagdish Sahni, Resident of Village- Mohamadpur Dariya, P.S.- Goraul, District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar Jha, Advocate For the Opposite Party/s :

Mr. Bharat Bhushan (App156) For the Informant :

Mr. Vasant Vikash, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 30-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Bhagwanpur P.S. Case No.48 of 2019 instituted for the offence under Section(s) 354-A Indian Penal Code and Sections 8, 12. 18 of the POCSO Act. Counsel for the petitioner submits that Petitioner is in custody since 07.06.2019 having clean antecedents. Occurrence is alleged to have taken place on 10.03.2019 and First Information Report has been lodged on 15.03.2019 after delay of five days.

It is alleged that on the date of occurrence this petitioner along with Manohar Sahani took 11 years old daughter to a lonely place and started filthy action with her. She

Patna High Court CR. MISC. No.45737 of 2019(2) dt.30-07-2019 2/2 started crying upon which one Rajan Kumar saw her in naked condition and accused persons were showing knife to her. Counsel for the petitioner submits that he has been implicated in the case due to village politics. It is further submitted that there is land dispute between the parties. Title suit is pending between the parties. The informant is pressurizing to withdraw Title suit for which informant and his son committed occurrence on 09.03.2019 on account of which Goraul P.S. Case No.133 of 2019 has been registered against the informant and others.

In the facts and circumstances of the case, 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 1st Additional Sessions Judge cum Special Judge, Vaishali, in connection with Bhagwanpur P.S. Case No.48 of 2019, subject to the condition that both the bailors shall be close relative of the petitioner. (Sanjay Priya, J) J. Alam/- U T