Horil Sahani @ Horil Sahni And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8793 of 2016 Arising Out of PS.Case No. -182 Year- 2015 Thana -PATAHI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. HORIL SAHANI @ HORIL SAHNI son of Late Akalu Sahani,

2. SIMA DEVI wife of Mukesh Sahani,

3. MUKESH SAHANI son of Horil Sahani, residents of Village- Gonahi, P.S.- Patahi, District- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Abhishek Kumar For the Opposite Party/s : Mr. Akbar Ali(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 24-02-2016 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 366A/34 of the Indian Penal Code.

The accusation is of abducting the minor daughter of the informant.

It is submitted by the learned counsel for the petitioners that in 164 Cr.P.C. statement the victim got her age recorded as 20 years when the court assessed her age as 17 years where the victim stated that she of her own went in the company of Dahaur Sahani and wanted to perform marriage with him since she was in love

Patna High Court Cr.Misc. No.8793 of 2016 (2) dt.24-02-2016 2/2 with him and wants to go to his house. The victim has not named the petitioners in 164 Cr.P.C. statement. The petitioners have been roped in the present case simply because they happen to be the father, brother and brother's wife of co accused Dahaur Sahani. Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned 8th ACJM, East Champaran in connection with Patahi P.S. Case No.182 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Anil/- U T