Arjun Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57558 of 2022 Arising Out of PS. Case No.-90 Year-2022 Thana- GORAUL District- Vaishali ====================================================== ARJUN SAHNI, Son of Ram Surat Sahni, Resident of Village - Inayat Nagar, Police Station - Goroul, District - Vaishali. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Soban Asghar, Advocate For the Opposite Party/s :

Mr.Dr. Indiwar Kumari,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 15-03-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 341, 323, 325, 376 and 511 of the Indian Penal Code and Sections 4/6 of the POCSO Act.

As per the prosecution case, the petitioner came to the house of the informant in intoxicated condition and started to abuse and also attempt to commit rape on his minor daughter. On Hullah, the villagers and one Shankar Sahni came and he

Patna High Court CR. MISC. No.57558 of 2022(3) dt.15-03-2023 2/3 was also assaulted by the petitioner causing fracture injury on his leg.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The informant is mother of Arjun Sahni and the victim is daughter of the petitioner. He has further submitted that the allegation of attempt to commit rape is false and concocted due to some family dispute. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 02.03.2022.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the medical board has assessed the age of the victim as 12 to 14 years. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Vaishali at Hajipur in connection with Goroul P.S. Case No. 90 of 2022 bearing POCSO G.R. No. 08/2022, with a condition :-

1. The petitioner is directed to remain

Patna High Court CR. MISC. No.57558 of 2022(3) dt.15-03-2023 3/3 physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the prosecution will be at liberty to move for cancellation of his bail bond.

The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T