Bindeshwar Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15702 of 2015 Arising Out of PS.Case No. -609 Year- 2012 Thana -AHIAPUR District- MUZAFFARPUR ====================================================== Bindeshwar Sahni, son of late Narayan Sahni, resident of VillageSalempur, P.S. Ahiyapur, District - Muzaffarpur. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Hans Lal Kumar, Advocate For the Opposite Party : Mr. Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-06-2015 The petitioner is languishing in custody since 30.06.2014 in connection with Ahiyapur P.S. Case No. 609 of 2012 for the offences instituted under Section 366A read with Section 34 of the Indian Penal Code.

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

The prosecution story, in brief, is that the petitioner along with other accused persons has kidnapped the informant's minor daughter, namely, Ganita Kumari in the night of 01.011.2012 with intention to marry her. On being asked by the informant regarding the whereabouts of her daughter, the mother of Lalu Sahni abused her and did not reply satisfactorily. It has been submitted on behalf of the petitioner that the main allegation is against Lalu Sahni in respect of whom it has

Patna High Court Cr.Misc. No.15702 of 2015 (2) dt.08-06-2015 2/2 been said that he had taken away the victim girl on the pretext that he will marry her. As far as the petitioner is concerned, he is the father of said Lalu Sahni and he has no concern with the affairs of his son. Further, it has been submitted that the victim girl has been examined under Section 164 of the Code of Criminal Procedure in which she has not made any allegation against the petitioner. It has been submitted that the petitioner is in custody since 30.06.2014. From Annexure-4 to the present application and further from perusal of the present application, it appears that other accused has been granted bail in the present case.

It has been submitted on behalf of the State that the petitioner is named in the first information report. Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned 10th Additional District Judge, Muzaffarpur in connection with S.T. No.939 of 2014 arising out of Ahiyapur P.S. Case No.609 of 2012.

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