Patna High CourtCR. MISC./85874/2023allowed

Bhola Sahni v. The State Of Bihar

2024-01-11Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85874 of 2023 Arising Out of PS. Case No.-268 Year-2023 Thana- PUNPUN District- Patna ====================================================== 1.

Bhola Sahni Son of Kishori Sahni Resident of Village - Hanuman nagar, Police Station- Rajepur, District- East Champaran. 2.

Bankar Sahni Son of Ram Ekwal Sahni Resident of Village - Hanuman nagar, Police Station- Rajepur, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Indeshwari Mandal For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-01-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek regular bail in connection with Punpun P.S. Case No. 268 of 2023 registered for the offence under Sections 448, 354/34 of the Indian Penal Code and section 8 of the POCSO Act.

3. As per prosecution case, allegation against the petitioner is of outraging the modesty of the informant. It is alleged that the victim/informant is minor aged about, 15 years.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. They have falsely been implicated in this case due to dirty village

Patna High Court CR. MISC. No.85874 of 2023(2) dt.11-01-2024 2/2 politics. The entire allegation against the petitioners is fabricated. The petitioners have got no criminal antecedent as stated in para-3 of the bail petition and they are languishing in judicial custody since 19.8.2023.

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 period of the petitioners, this court is inclined to enlarge them on bail. The above named petitioners are directed to be released on bail in connection with Special Case (POCSO) No. 226 of 2023 arising out of Punpun P.S. Case No. 268 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional District Judge-VII-Cum-Special Judge, Patna.

(Sunil Kumar Panwar, J) Amandeep/- U T