Jitan @ Jitendra Sahni @ Jitan Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.347 of 2024 Arising Out of PS. Case No.-114 Year-2023 Thana- PARBATTA District- Bhagalpur ====================================================== JITAN @ JITENDRA SAHNI @ JITAN SAHNI SON OF SAKALDEV SAHNI @ SALKHU SAHNI R/O VILLAGE- BAHATRA, P.S.- PARBATTA, DIST.- BHAGALPUR ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
SAVO DEVI W/O GHOGHAN MANDAL R/O VILLAGE- BAHATRA, P.S.- PARBATTA, DISTT.- BHAGALPUR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Mukherjee For the Opposite Party/s :
Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-01-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 147, 149, 341, 323, 354(A), 504, 506 of the Indian Penal Code and Section 12 of the POCSO Act.
3. As per prosecution case, allegation against the petitioner is of outraging the modesty of the minor daughter of the informant when she was alone at her house.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to previous dispute. For
Patna High Court CR. MISC. No.347 of 2024(2) dt.12-01-2024 2/2 the alleged occurrence of 18.6.2023, the FIR was lodged on 20.6.2023 after delay of two days. There is case and counter case between the parties. The petitioner has got no criminal antecedent as stated in para-3 of the bail petition and he is languishing in judicial custody since 24.7.2023.
5. Learned APP appearing for the state has opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge him on bail. The above named petitioner is directed to be released on bail in connection with Parbatta P.S. Case No. 114 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge POCSO-Cum- 7th Additional District and Sessions Judge, Bhagalpur.
(Sunil Kumar Panwar, J) Amandeep/- U T