Allowed

Ram Vinay Sahani v. The State of Bihar

Patna HC9 Nov 2022CR. MISC./41144/2022

Case brief

AI extract

What is this about?

The High Court disposed of a bail application filed by petitioner Ram Vinay Sahani in PS Case No.9 of 2022 for offences under Section 370 IPC and Section 79 JJ Act. Considering clean antecedents and the guardians accepting the defence, the petitioner was released on bail.

What did the court decide?

Petitioner released on bail on furnishing bond of Rs.10,000 with two sureties of the like amount.

Ram Vinay Sahani Vs The State of Bihar — Child Sexual Offences (POCSO) | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.41144 of 2022

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Arising Out of PS. Case No.-9 Year-2022 Thana- MOTIHARI RAIL P.S. District- West Champaran

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======================================================

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Ram Vinay Sahani S/O Sri Rupchan Sahani Resident of Village- Patzila, Ward No.- 04, P.O.- Patzilwa, P.S.- Chiraiya, Distrct- East Champaran.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s : Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER

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2 09-11-2022

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The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

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Heard learned counsel for the petitioner and the learned APP for the State.

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Petitioner seeks regular bail in connection with Motihari Rail P.S. Case No. 09 of 2022 registered for the offence punishable under Section 370 of the Indian Penal Code and Section 79 of the Juvenile Justice Act, 2000.

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As per the prosecution, the informant has alleged that during a Drive on Human Trade and Child Labour conducted by Prayas Juvenile Aid Centre, S.S.B. Battalian and Railway Protection Force, in presence of some counsellors four minor

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Patna High Court CR. MISC. No.41144 of 2022(2) dt.09-11-2022 2/3

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boys disclosed that they were being taken to Patelbag Madhya Pradesh for work related to fisheries and for the same they will be paid Rs.6000/- to 7000/- per month and an advance of Rs.5000/- was also paid to their family. Further it is alleged that from the possession of this petitioner five railway tickets were recovered.

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The main submissions advanced by the learned counsel Mr. Umesh Chandra Verma for the petitioner are that the petitioner has been languishing in jail since 05.04.2022 having clean antecedent, the boys who were found by the police and officials of S.S.B. having been trafficked by this petitioner were being taken with the consent of the guardians of the said boys and in removing the said boys no threat, force, coercion, abduction, fraud, deception, abuse of power or wrongful inducement was committed by the petitioner and the said fact was accepted by the guardians of the said boys during the investigation.

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Learned APP Mr. Awadhesh Kumar Singh appearing for the State has opposed the bail prayer.

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In view of above submissions and mainly considering the petitioner’s clean antecedent, his custody period and also the fact that during the investigation the parents of the children who

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Patna High Court CR. MISC. No.41144 of 2022(2) dt.09-11-2022 3/3

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were allegedly being trafficked by the petitioner accepted the above-mentioned defence taken by the petitioner as discussed in the operative portion of the order impugned, in the opinion of this Court a lenient approach can be taken in respect of the petitioner’s prayer, let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Motihari Rail P.S. Case No. 09 of 2022.

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(Shailendra Singh, J.)

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sangam/-

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U T

Ram Vinay Sahani v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Ram Vinay Sahani v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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