Vanarsi Sahani @ Banarsi Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21542 of 2021 Arising Out of PS. Case No.-75 Year-2020 Thana- PATAHI District- East Champaran ====================================================== VANARSI SAHANI @ BANARSI SAHANI Son of Mangani Sahani Resident of Village - Lahi Banjariya, P.S.- Madhuban, Distt.- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar, Adv.

For the Opposite Party/s :

Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-09-2021 Heard the parties through virtual court proceedings. Learned counsel for the petitioner undertakes to remove the defects within three weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in a case registered for the offence punishable under Sections 366, 497, 498 of the Indian Penal Code.

Allegation against the petitioner is that he enticed away the daughter of the informant, commit mar-pit with her and sold her to Rambhulan Sahani.

Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this

Patna High Court CR. MISC. No.21542 of 2021(2) dt.13-09-2021 2/2 case. He submits that there is no overt act against the petitioner. He submits that daughter of the informant is a married lady, who was in love with the petitioner but she was subsequently married with Kamod Sahani against her will though she was not leading to continue her marital relation with Komod Sahani, therefore, she eloped with the petitioner. He submits that her age is 22 years as stated in her statement under Section 164 Cr.P.C. whereas the doctor has assessed her age as 17 1⁄2 -18 1⁄2 years, thus she is a major girl. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application and he is languishing in judicial custody since 20.09.2020.

Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Patahi P.S. Case No. 75 of 2020.