Patna High CourtCR. MISC./11707/2022bail granted

Shiv Narayan Sahani v. The State Of Bihar

2022-05-09Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11707 of 2022 Arising Out of PS. Case No.-134 Year-2021 Thana- BISFI District- Madhubani ====================================================== 1.

SHIV NARAYAN SAHANI Son of Late Yugeshwar Sahani Resident of Village- Khokhanahi, P.S.- Bisfi,District- Madhubani. 2.

Ramsewak Sahani Son of Late Yugeshwar Sahani Resident of VillageKhokhanahi, P.S.- Bisfi,District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Kumar Bharti For the Opposite Party/s :

Mr.Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-05-2022 Heard learned counsel for the parties.

Petitioners pray for bail in a case registered for the offence under Sections 366(A) and 34 of the Indian Penal Code. It is submitted on behalf of petitioners that the victim girl, in her statement recorded under Section 164 Cr.P.C., has stated that she left her house on her own will with co-accused Tej Narayan Singh (son of petitioner no. 1) and solemnised marriage with him at Delhi. This statement has been made in paragraph - 10 of the bail petition. The victim is major and her date of birth is 01.01.2003, as per copy of Aadhar Card (Annexure 3). The medical board has also assessed her age about 18 years. Petitioners have got clean antecedent and are in custody since 23.07.2021 and 09.09.2021 respectively.

Patna High Court CR. MISC. No.11707 of 2022(2) dt.09-05-2022 2/2 Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts and circumstances as well as statement of the victim recorded under Section 164 Cr.P.C., the bail petition of petitioners is allowed. Let the above named petitioners be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. - I, Benipatti, Madhubani in connection with Bisfi P.S. Case No. 134 of 2021 (G.R. No. 386 of 2021).

(Prabhat Kumar Singh, J) anay/- U T