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Patna High CourtCR. MISC./15057/2021allowed

Ghuran Sahni v. The State Of Bihar

2021-10-05Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15057 of 2021 Arising Out of PS. Case No.-185 Year-2020 Thana- LAUKAHA District- Madhubani ====================================================== Ghuran Sahni, aged about 25 years, Gender-Male, Son of Upendra Sahni, Resident of Village Supaul Bazar Ward No.06, P.S. Supaul, District Supaul. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Sanjay Kumar, Advocate For the Opposite Party/s :

Mr. Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-10-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in Laukaha P.S. Case No.185 of 2020, registered for the offences punishable under Sections 363 and 366 of the Indian Penal Code.

The allegation against the petitioner is that he enticed away the wife of the informant for the purpose of marriage. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. No case is made out under Section 366 of the Indian Penal Code. It is further submitted that the petitioner is dewar of the sister of the wife of the informant and was familiar with her prior to marriage of the informant. Petitioner is already a married person and he has two children. It is submitted that the petitioner is

Patna High Court CR. MISC. No.15057 of 2021(3) dt.05-10-2021 2/2 peacefully discharging his matrimonial obligation, therefore, the petitioner has no manner of concern with the family affairs of the informant. The petitioner is in custody since 02.08.2020 and he has got no criminal antecedent as stated in paragraph 3 of the bail petition. It is also submitted that the wife of the informant has given statement under Section 164 Cr.P.C. under pressure as it is unbelievable that a married man would entice away the wife of the informant.

Considering the facts and circumstances of the case, let petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Jhanjharpur in connection with Laukaha P.S. Case No.185 of 2020.

(Anjani Kumar Sharan, J) S.KUMAR/- U T