Kamlesh Sahni @ Akhilesh Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10722 of 2016 Arising Out of PS.Case No. -159 Year- 2015 Thana -DESARI District- VAISHALI(HAJIPUR) ======================================================

1. Kamlesh Sahni @ Akhilesh Sahni Son of Shankar Sahni, Resident of Village - Chainpur Nankhar, P.S. - Desari, District- Vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar For the Opposite Party/s : Mr. Ansuiya Jaiswal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 27-04-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in a case for the offences punishable under sections 363, 365, 366 and 448/34 of the I.P.C Allegedly, Soni Devi, aged 22 years and her daughter Putul Kumari, aged one year were taken away by the petitioner from the house and thereafter with the help of other co-accused both were kidnapped. During investigation the victim Soni Devi appeared and her statement has been recorded under section 161 of the Cr.P.C. and also under section 164 of the Cr.P.C. wherein she has made allegation against the petitioner for kidnapping her. Submission is of false implication and that the victim after one month gave her statement before the police and before the learned Magistrate, earlier she has filed a petition in the learned court below stating that she with her consent has

Patna High Court Cr.Misc. No.10722 of 2016 (3) dt.27-04-2016 2/2 performed marriage with the petitioner and from Annexue-2 it reveals that both have performed marriage willfully and as such the petitioner who is suffering in custody since 19.12.2015 deserves sympathetic consideration, co-accused Hare Ram Rai and others have been allowed pre-arrest bail vide Cr. Misc. No. 48772 of 2015.

The learned A.P.P. fairly submits that the victim has appeared herself before the police with her minor daughter. In the facts and circumstances as stated above, considering that charge sheet has already been submitted and there is no chance of tampering with the prosecution evidence, the petitioner is directed to 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 C.J.M. Vaishali at Hajipur in Desari P.S. Case No. 159 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) Abhay/- U T