Gauri Shankar Sahani @ Gauri Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2217 of 2020 Arising Out of PS. Case No.-140 Year-2017 Thana- PAROO District- Muzaffarpur ====================================================== GAURI SHANKAR SAHANI @ GAURI SAHANI, Son of late Bathu Sahani @ Ramdeo Sahani, Resident of Village - Basantpur Patti, P.S.- Saraiya, Distt.- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jyotsna Rani Mishra For the Opposite Party/s :

Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 16-01-2020 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Sections 363, 366-A of the Indian Penal Code.

Informant has alleged in his written complaint that on 27.05.2017, his daughter Pinki Kumari aged about 16 years had gone outside to attend the call of nature and she was kidnapped by the FIR named accused including the petitioner for some oblique purpose.

The statement of victim girl was recorded under Section 164 of Cr.P.C. in which she has stated that she had gone with one Jeetendra Sahani out of her own sweet will and volition and she was not kidnapped and thereafter they married

Patna High Court CR. MISC. No.2217 of 2020(2) dt.16-01-2020 2/2 and from said wedlock, one child is also born and she is living with Jitender Sahani. Petitioner is in custody since 12.08.2017. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with S. Tr. No.721/2018 arising out of Paroo P.S. Case No. 140/2017, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Sanjay/- U T