Patna High CourtCR. MISC./5147/2021dismissed

Lakhendra Sahani @ Lakhindra Sahani v. The State Of Bihar

2021-12-14Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5147 of 2021 Arising Out of PS. Case No.-273 Year-2019 Thana- BHAGWANPUR District- Vaishali ====================================================== LAKHENDRA SAHANI @ LAKHINDRA SAHANI Son Of Rejendra Sahani Resident Of Village - Asoi, Lachhiram, P.S. - Bhawanpur, District - Valshli.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Chandra Gandhi, Advocate For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 14-12-2021 Heard Mr. Manish Chandra Gandhi, learned Advocate for the petitioner and Mr. Uma Shankar Prasad Singh, learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Bhagwanpur P.S. Case No. 273 of 2019 dated 14.10.2019 instituted for the offences under Sections 419, 420, 406, 328, 376(d), 506 and 34 of the Indian Penal Code and 66 of the I.T. Act. In view of the allegation of the petitioner and others having ravished the victim, I am not inclined to grant anticipatory bail to him.

Accordingly, the prayer for anticipatory bail is rejected.

The learned counsel for the petitioner has submitted that one of the similarly situated accused

Patna High Court CR. MISC. No.5147 of 2021(2) dt.14-12-2021 2/2 persons has been granted regular bail by the court below. It has also been submitted that during course of investigation, it has been found that the accusation is not totally correct.

Should the petitioner surrender and seek bail, the court below shall verify whether the person who has been granted bail stands on the same footing as that of the petitioner and thereafter shall pass necessary orders in accordance with law without being prejudiced by the fact that the present petition on his behalf has not been entertained.

(Ashutosh Kumar, J) krishna/- U T