Amol Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17070 of 2017 Arising Out of PS.Case No. -6 Year- 2017 Thana -SIMRIBAZAR District- DARBHANGA ====================================================== Amol Sahni, Son of Aklu Sahni, Resident of Village- Kunwarpatti, Bharwara Tole, Police Station- Simri and District- Darbhanga. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Manish Kumar No-2, Advocate For the Opposite Party : Mr. Satya Nand Shukla (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 19-05-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Simri P.S Case No. 06 of 2017 registered for the offences punishable under Sections 341, 342, 323, 365, 366, 366(A), 368, 504/34 395 of the Indian Penal Code.

Allegedly, minor daughter a student of Class 9th of the informant was kidnapped by the petitioner on 14.01.2017 but information was not given to the police and on 29.01.2017 the informant came to know that the victim girl has been kept in the house of Aklu Sahni. The informant and others went there and then Aklu Sahni became adamant to abuse and assault. In the meantime, police was informed and after seeing the arrival of

Patna High Court Cr.Misc. No.17070 of 2017 (3) dt.19-05-2017 2/2 police Aklu Sahni fled away but the minor daughter and the petitioner were caught by the police.

Submission is of false implication and that the statement of the victim has been recorded under Section 164 Cr.P.C. but she has not named the kidnapper, only she has stated that one boy kidnapped her and made her senseless. The petitioner is co-villager, the victim is major as per the report of the doctor. There was love affair between the petitioner and the victim girl, the petitioner is suffering in custody since 30.01.2017 and, as such, the petitioner deserves sympathetic consideration. Learned A.P.P seriously opposes the prayer of bail. In the facts and circumstances stated above, considering that the petitioner was arrested with the victim girl and as such at present, I am not inclined to enlarge the petitioner on bail and accordingly, his such prayer stands rejected in connection with Simri P.S. Case No. 06 of 2017, pending in the court of learned Chief Judicial Magistrate, Darbhanga. However, the petitioner may renew his prayer for bail after remaining 09 (nine) months in custody.

(Jitendra Mohan Sharma, J.) Rajiv/- U T