Bablu Sahani @ Jitendra Sahani v. The State Of Bihar

Patna High Court Cr.Misc. No.51316 of 2017 (2) dt.09-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51316 of 2017 Arising Out of PS.Case No. -71 Year- 2017 Thana -RAJNAGAR District- MADHUBANI ====================================================== Bablu Sahani @ Jitendra Sahani S/o Teju Sahani, R/o Mohalla- Station Road Raj nagar, P.S.- Raj Nagar, District- Madhubani. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Gagan Deo Yadav, Advocate For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 09-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 03.05.2017 in connection with Raj Nagar P.S. Case No. 71 of 2017 for the alleged offences under Sections 363, 366(A) of the Indian Penal Code and Section 4 of the POCSO Act.

3. It is submitted that the petitioner has been falsely implicated as evident from the so called victim girl's deposition recorded under Section 164 Cr. P.C. wherein she has stated that she had voluntarily accompanied the petitioner and solemnized marriage with him. She claims to be 18 years of age and the Medical Board has assessed her age to be 19 years. 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 1st Additional Sessions Judge, Madhubani in connection

Patna High Court Cr.Misc. No.51316 of 2017 (2) dt.09-11-2017 with Raj Nagar P.S. Case No. 71 of 2017 on the following conditions:- (i) That one of the bailors shall be a close relative of the 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