Patna High CourtCR. MISC./39849/2016bail granted

Deepak Sahani v. The State Of Bihar

2016-09-20Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39849 of 2016 Arising Out of PS.Case No. -234 Year- 2015 Thana -BARHARIA District- SIWAN ====================================================== Deepak Sahani son of Late Birendra Sahani @ Binda Sahani Resident of Village- Badarjimi, P.S. Mirganj, District- Gopalganj. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sunil Kumar Pathak, Advocate For the Opposite Party/s : Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 20-09-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Barharia P. S. Case No. 234 of 2015 registered under Sections 341, 354, 376/511 and 506 of the Indian Penal Code. It is contended that the petitioner being a young boy has got no criminal antecedent. He is neighbour of the informant of the case and has been implicated in the present case due to minor altercation. It is further contended that even if the entire allegation is believed to be true, no offence under Section 376/511 of the Indian Penal Code would be made out, rather ingredients of an offence punishable under Section 354

Patna High Court Cr.Misc. No.39849 of 2016 (2) dt.20-09-2016 2/2 would be attracted.

On the other hand, learned counsel for the State has opposed the application for bail. He has submitted that the allegations are quite serious and the petitioner is alleged to have frequently teased the informant, a girl, aged about 16 years only.

Regard being had to the fact that charges have already been framed and the petitioner has already remained in custody for about ten months, he is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of 1st Additional Sessions Judge, Siwan in Tr. No. 58 of 2016(POSCO), arising out of Barharia P. S. Case No. 234 of 2015.

(Ashwani Kumar Singh, J.) Kanchan/- U T