Patna High CourtCR. MISC./63204/2019allowed

Manohar Sahani v. The State Of Bihar

2019-10-18Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63204 of 2019 Arising Out of PS. Case No.-48 Year-2019 Thana- BHAGWANPUR District- Vaishali ====================================================== MANOHAR SAHANI Son of Shankar Sahani Resident of Village-Jagdishpur (Jarang), P.S.-Vaishali (Belsar O.P.), District-Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kunwar Ajit Singh For the Opposite Party/s :

Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 18-10-2019 Heard learned counsels for the petitioner and the State.

Petitioner apprehends arrest in connection with Bhagwanpur P.S. Case No. 48 of 2019 registered for the offence punishable under sections 354A of the Indian Penal Code and Sections 8, 12 and 18 of the POCSO Act. Learned counsel appearing for the petitioner submits that petitioner has been falsely implicated in this case due to previous enmity. The allegations levelled are general and omnibus in nature and there is nothing specific alleged against this petitioner. The present first information report has been lodged after 5 days of the alleged occurrence without there being any plausible explanation

Patna High Court CR. MISC. No.63204 of 2019(2) dt.18-10-2019 2/2 for the delay. There is admitted land dispute between the informant and accused Uday Sahani for which a title suit is also pending between the parties and in the informant is pressurizing him to withdraw the suit, in that connection Goraul P.S. Case No. 133 of 2019 has also been registered against the present informant and others. Petitioner is a man of clean antecedent.

Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the petitioner, above named, in the event of arrest or surrender within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge I-cum-Special Judge, Vaishali in connection with Bhagwanpur P.S. Case No. 48 of 2019 subject to the conditions laid down under section 438(2) Cr.P.C.

(Arvind Srivastava, J) mcv/- U T