Bali Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69162 of 2019 Arising Out of PS. Case No.-279 Year-2019 Thana- SIKARPUR District- West Champaran ====================================================== BALI SAHANI Son of Shri Rajdeo Sahani Resident of Village - Pokhra Chowk ward no. 16, P.S.- Shikarpur, District - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Kishor Mishra For the Opposite Party/s :

Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 18-02-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Shikarpur P.S. Case No. 279 of 2019, registered under Sections 341, 323, 354(B), 504 and 506/34 of the Indian Penal Code and Sections 8/10 of the Protection of Children From Sexual Offences Act.

The accusation is that on 15.06.2019 at about 8.00 P.M. Bali Sahani (Petitioner) reached at the house of informant Manoj Sah and took away his daughter, aged about 11 years, on the pretext that her father is calling her at grocery shop. When her daughter did not return to house then wife of informant went to the grocery shop, while she could not find her daughter there. Thereafter, informant and his wife started

Patna High Court CR. MISC. No.69162 of 2019(4) dt.18-02-2020 2/2 searching her daughter and in that course informant and others reached at a hut situated near the pond then this petitioner fled away from there and his daughter came out from the hut and disclosed that petitioner had pulled there and tried to commit rape. Thereafter, informant along with his wife and daughter came at the house of petitioner, where father of petitioner Rajdeo Sahni, his mother and brother Pramod Sahni became adamant to cause assault.

Learned counsel for the petitioner submits that with ulterior motive, the informant lodged the present case with false allegation of making attempt of rape upon the daughter of the informant. The petitioner has no criminal antecedent and he is in custody since 25.07.2019. Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Addl. Sessions Judge-cum-Special Judge (SC/ST/POCSO), Bettiah, West Champaran in connection with Shikarpur P.S. Case No. 279 of 2019.

(Rajendra Kumar Mishra, J) manish/- U T