Dharmendra Sahni @ Dharmindar Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66107 of 2024 Arising Out of PS. Case No.-34 Year-2022 Thana- MAHILA PS District- Darbhanga ====================================================== 1.

Dharmendra Sahni @ Dharmindar Sahni S/o- Binod Sahni Village- Akraha, P. S. - Ashok Paper Mill (A.P.M), District- Darbhanga. 2.

Om Sahni Son of Shankar Sahni Village- Akraha, P. S. - Ashok Paper Mill (A.P.M), District- Darbhanga.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Pano Devi W/o- Ram Bahadur Sahni Village- Akraha, P. S. - Ashok Paper Mill (A.P.M), District- Darbhanga.

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

For the Petitioner/s :

Mr. Girish Chandra Jha, Advocate For the Opposite Party/s :

Mr. Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-11-2024 Heard learned counsel for the petitioners and learned APP for the State.

2.

The petitioners seek bail in connection with POCSO GR Case No. 28 of 2023 arising out of Mahila P.S. Case No. 34 of 0222 instituted for the offence under Sections 366(A), 376(D), 506 & 120(B) of the Indian Penal Code and Sections 4/6 of the POCSO Act. Earlier vide order dated 11-09-2023, passed in Cr. Misc. No. 48261 of 2023, prayer for grant of bail to the petitioners was rejected and again vide order dated 15-05-2024, passed in Cr. Misc. No. 21637 of 2024, prayer for grant of bail to the petitioners was dismissed as

Patna High Court CR. MISC. No.66107 of 2024(3) dt.19-11-2024 2/2 withdrawn with liberty to renew the prayer if trial is not concluded within a period of two months and the present one is the third attempt of the petitioner for grant of bail. 3.

Earlier vide order dated 24-09-2024, a report was called from the trial court with regard to the stage of trial as well as deposition of the witnesses, if any. In compliance thereto, a report dated 27-09-2024 has been received and it is reported that case is pending for defence evidence and there are total ten witnesses examined uptil now.

4.

After considering the submission made on behalf of learned counsel for the petitioners, this Court does not find any fresh ground to revisit the matter which is already decided on merit by a Co-ordinate Bench of this Court. Hence, taking into account the fact that there is no fresh ground for reconsideration of the prayer for grant of bail to the petitioners coupled with the report of the trial court, which suggests that trial is likely to be concluded in the near future, this Court, at this juncture, is not inclined to grant bail to the petitioners. Prayer is accordingly, rejected.

(Rudra Prakash Mishra, J) Raj Kishore/- U T