Dharmendra Sahni @ Banarwa v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.17325 of 2015 Arising Out of PS.Case No. -121 Year- 2012 Thana -ROSERA District- SAMASTIPUR ====================================================== Dharmendra Sahni @ Banarwa S/o Thithar Sahni Resident of Village and P.O. Rahua, P.S. Rosera, District Samastipur. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Abhay Shankar Singh, Advocate.
For the Opposite Party : Mr. Arun Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 03-07-2015 Heard both sides.
The petitioner apprehends his arrest in Rosera P.S. Case No. 121 of 2012, registered for the offences punishable under Sections 366A and other Sections of the Indian Penal Code. The father of the victim alleged that Ram Pratap Mahto, his co-villager kidnapped his daughter with his friends on a motorcycle on 17.04.2012.
It is submitted that the petitioner is not named in the FIR. After two years of the occurrence Yashwant Kumar and Saroj Kumar made their statement under Section 164 of the Cr.P.C. that the petitioner was the driver of the Bolero jeep in which the victim was kidnapped.
It appears that the informant made very specific
Patna High Court Cr.Misc. No.17325 of 2015 (3) dt.03-07-2015 2/2 allegation that the victim was kidnapped on a motorcycle and not on a Bolero jeep.
Considering the facts aforesaid, the petitioner above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Rosera, Samastipur in Rosera P.S. Case No. 121 of 2012, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Jha, J.) KKSINHA/- U T