Munna Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1451 of 2017 Arising Out of PS.Case No. -41 Year- 2017 Thana -PIPRA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Munna Sahani son of late Bir Bhawan Sahani, resident of village Khairi, Police Station - Pipra, District East Champaran, Motihari. .... .... Appellant/s

Versus

The State of Bihar.

.... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Anwar Karim, Adv. For the Respondent/s : Sri Sadanand Paswan, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-07-2017 This appeal is for grant of regular bail in connection with Pipra P.S. Case No. 41 of 2017 registered for the offences punishable under sections 366(A), 364, 120(B)/34 of the Indian Penal Code and section 3 (x) of the SC/ST (POA) Act. Submission of the learned counsel for the appellant is that though there is an allegation of kidnapping against the appellant, but the victim girl has appeared before the Court below and stated in her statement under section 164 Cr.P.C. that she on her own sweet will went with other co-accused. The appellant is in custody for more than three months.

Heard learned Special Public Prosecutor also. Having heard both sides and in view of the facts and circumstances, as stated above, this appeal is allowed and the

Patna High Court CR. APP (SJ) No.1451 of 2017 (3) dt.01-07-2017 2/2 impugned order so far as appellant is concerned is set aside. Let the appellant, above named, be enlarged on bail on furnishing bail bond of Rs. 25,000/-(Rs. Twenty five thousand) with two sureties of the like amount each to the satisfaction of 1st Additional Sessions Judge-cum-Special Judge SC/ST (POA), East Champaran, Motihari in connection with Pipra P.S. Case No. 41 of 2017, subject to the following conditions:- (i) One of the bailors of the appellant shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The appellant will not induce any witness or tamper with the evidence.

(iii) The appellant shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine rhyme or reasons, the prosecution will have liberty to move for cancellation of his bail.

(Vinod Kumar Sinha, J) Mahesh/- U T