Patna High CourtCR. MISC./5837/2023bail granted

Mukesh Sahni v. The State Of Bihar

2023-05-01Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5837 of 2023 Arising Out of PS. Case No.-102 Year-2022 Thana- BENIPATTI District- Madhubani ====================================================== MUKESH SAHNI S/O SONE SAHNI R/v- Rampur Pachhasi (Dhnkaul), P.S.- Nanpur, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhavesh Kumar Sah For the Opposite Party/s :

Mr.Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 01-05-2023 Heard learned counsel for the petitioner as well as learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with Benipatti P.S. Case No. 102 of 2022, registered for the offences punishable under Sections 363, 366 (A), 341, 323, 504, 379, 34 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that though there is allegation against the petitioner that he kidnapped the minor daughter of the informant but as a matter of fact the petitioner and daughter of the informant were in love. They solemnized marriage and she is residing in the house of the petitioner. She has stated in her statement under Section 164 of the Cr.P.C. that she has solemnized marriage with the

Patna High Court CR. MISC. No.5837 of 2023(2) dt.01-05-2023 2/2 petitioner. The petitioner is a person of clean antecedent and he is under custody since 12.10.2022.

Considering the above-mentioned facts and circumstances, let the petitioner, above-named, be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned ADJ-VIIcum-Special Judge, POCSO Act, Mdhubani in connection with Benipatti P.S. Case No. 102 of 2022, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

(Nawneet Kumar Pandey, J) SONALI/- U T