Dharmendra Sahni @ Dharo Sahni v. The State Of Bihar

Patna High Court Cr.Misc. No.45859 of 2017 (3) dt.17-10-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45859 of 2017 Arising Out of PS.Case No. -63 Year- 2017 Thana -BAKHRI District- BEGUSARAI ====================================================== Dharmendra Sahni @ Dharo Sahni, S/o Arjun Sahni, Resident of VillageGoriyari, P.S.- Bakhri, District- Begusarai. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Vinod Gautam For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 17-10-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 31.03.2017 in connection with Bakhri P.S. Case No. 63 of 2017 for the alleged offences under Section 364 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated and the FIR is against two unknown persons. The victim girl has not named the petitioner in her deposition under Section 164 Cr. P.C. after being recovered. Except his self confession there is no other material to connect the petitioner with the alleged occurrence. The petitioner claims clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Bakhri P.S. Case No. 63 of 2017 on the following conditions:- (i) That one of the bailors shall be a close relative of the

Patna High Court Cr.Misc. No.45859 of 2017 (3) dt.17-10-2017 petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(iv) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/BT U T