Anand Kumar Sahni @ Nand Kumar Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79673 of 2019 Arising Out of PS. Case No.-68 Year-2019 Thana- TISIAUTA District- Vaishali ====================================================== ANAND KUMAR SAHNI @ NAND KUMAR SAHNI, aged about 35 years (Male), Son of Pragash Sahni, Resident of Village- Bijharauli, P.S.- Tisiauta, District- Vaishali.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Rakesh Prabhat, Advocate.

For the Opposite Party :

Mrs Renu Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-05-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offences under Sections 354, 376 of the I.P.C. and 3⁄4 of POSCO Act.

The prosecution case, in short, is that on 25.08.2019 at about 10.00 P.M. in the night the petitioner tried to commit rape upon the minor daughter of the informant. It has been submitted on behalf of the petitioner that the petitioner is in custody since 27.08.2019 and has got criminal antecedent. Charge sheet has been submitted in this

Patna High Court CR. MISC. No.79673 of 2019(3) dt.27-05-2020 2/2 case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. A petition has been filed on behalf of the informant in the learned court below where he has retracted from his earlier statement made in the F.I.R. The said petition is Annexure-2 to the present application. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the facts and circumstances of the case and also the lockdown, the petitioner, above named, is directed to be released on bail on his personal bond to the satisfaction of learned A.D.J. Ist-cum-Special Judge, Vaishali at Hajipur in connection with Tisiauta P.S. Case No. 68 of 2019. Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of four weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) U.K./- U T