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Patna High CourtCR. MISC./24727/2017bail granted

Bhikhari Sahni v. The State Of Bihar

2017-07-13Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24727 of 2017 Arising Out of PS.Case No. -409 Year- 2016 Thana -MOTIHARI MUFASIL DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Bhikhari Sahni son of Late Raghu Sahni resident of Village - Patkhaulia, P.S. Muffasil, District East Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Karandeep Kumar For the Opposite Party/s : Mr. Madan Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 13-07-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in custody since 12.11.2016 in connection with Muffasil P.S. Case No. 409/16 for offences punishable under Sections 366-A, 120-B of the Indian Penal Code. The prosecution case, as lodged by the informant, is that his 14 year old daughter had been kidnapped on 13.07.2016 by one Chotan Sahni along with his father (petitioner) and other accused persons.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal antecedent and has been falsely implicated in the aforesaid case because he is father

Patna High Court Cr.Misc. No.24727 of 2017 (3) dt.13-07-2017 2/2 of Chotan Sahni, who is alleged to have taken away the daughter of the informant as per the statement of the victim under Section 164 Cr.P.C., in which she has not named the petitioner and that no overt act is alleged to have been committed by the petitioner. However, learned APP for the State opposes the prayer for bail.

Be that as it may, let petitioner, above named, 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 learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Muffasil P.S. Case No. 409/2016. (Nilu Agrawal, J) Rajesh/- U T