Vijay Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11050 of 2020 Arising Out of PS. Case No.-401 Year-2019 Thana- NAANPUR District- Sitamarhi ====================================================== 1.

VIJAY SAHNI Son of Harichan Sahni Resident of Village - Banaul, P.S.- Nanpur, District - Sitamarhi.

2.

Harichan Sahni Son of Prabhu Sahni Resident of Village - Banaul, P.S.- Nanpur, District - Sitamarhi.

3.

Sumitra Devi Wife of Harichan Sahni Resident of Village - Banaul, P.S.- Nanpur, District - Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vaidehi Raman Prasad Singh, Advocate For the Opposite Party/s :

Mr.Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-06-2020 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard learned counsel for the petitioners and learned A.P.P for the State.

The petitioners apprehend their arrest in Nanpur P.S. Case No. 401 of 2019, registered for the offence punishable under Section 363 of the Indian Penal Code.

Petitioners are alleged to have kidnapped the minor daughter of the informant.

It is submitted that petitioners have falsely been

Patna High Court CR. MISC. No.11050 of 2020(2) dt.16-06-2020 2/2 implicated in this case. There is general and omnibus allegation. The victim in her statement under Section 164 Cr.P.C has nowhere named these petitioners. The victim girl has specifically stated that it was the co-accused Sanjay who took away her and committed rape upon her. The petitioners have got clean antecedent.

Considering the facts aforesaid, the petitioners abovenamed, in the event of their arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, are directed to be enlarged 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 the learned Sub-Divisional Judicial Magistrate, Pupri, Sitamarhi in connection with Nanpur P.S. Case No. 401 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) vinita/- U T