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Patna High CourtCR. MISC./67837/2021disposed

Dinesh Sahni v. The State Of Bihar

2022-11-07Mr. Justice Arun Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67837 of 2021 Arising Out of PS. Case No.-127 Year-2021 Thana- BELA District- Sitamarhi ====================================================== DINESH SAHNI Son Revi Sahni Resident of Village - Vishnupur, P.S.- Bela, Distt.- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Akshay Lal Pandit,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 07-11-2022 Heard the parties.

Vide order dated 20.04.2022 passed by a Coordinate Bench, a report was called for from the learned Additional Sessions Judge-VI, Sitamarhi as to how the petitioner had been released on bail in connection with Bela P.S. Case No. 127 of 2021 while the bail petition of the petitioner was pending for consideration before this court. In compliance thereof, a report has been received from the court of learned Additional Sessions Judge-VI-cum-Special Judge POCSO at Sitamarhi wherein he has submitted that the bail was granted after consideration of the merit of the case on the plea of the petitioner that no other bail petition was pending before any court. The learned trial court has also annexed the copy of the petition before it along with its order sheet vide order dated 21.02.2022 and also annexed the

Patna High Court CR. MISC. No.67837 of 2021(6) dt.07-11-2022 2/2 copy of the statement of the victim girl recorded under Section 164 Cr.P.C as well as deposition of witnesses from P.W. 1 to P.W. 5 recorded by it as well as copy of medical report of the victim girl.

Clearly, the petitioner played fraud upon before the learned trial and suppressed the facts regarding pendency of the present criminal miscellaneous petition before this court. Under the circumstances, the learned trial court is directed to take appropriate action for wrongful submission of facts before it. With these observations, the matter stands disposed of from this court.

(Arun Kumar Jha, J) Gautam/daya U T