Sikindra Sahni @ Sikinder Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14746 of 2023 Arising Out of PS. Case No.-413 Year-2022 Thana- SARAIYA District- Muzaffarpur ====================================================== SIKINDRA SAHNI @ SIKINDER SAHNI Son of Gonaur Sahni R/VGINJAS (BISHAHAR TOLA), P.S.- SARAIYA(JAITPUR O.P.), DISTRICTMUZAFFARPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hari Kishore Thakur, Advocate For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-07-2023

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 363 and 366(A) of the Indian Penal Code.

3. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that petitioner kidnapped her daughter for purposes of marriage.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case it is next submitted that petitioner and the victim were in love and they eloped, it is next submitted that they even performed

Patna High Court CR. MISC. No.14746 of 2023(3) dt.18-07-2023 2/3 marriage. It is further submitted that thereafter the victim returned and under influence of her mother gave her statement under Section 164 Cr.P.C.

5. It is next submitted that from perusal of the statement of the victim recorded under Section 164 Cr.P.C., it would manifest that though she has supported the case of the prosecution but then has helped the accused which amply demonstrates that the statement was recorded at the instance of her mother under pressure as the victim has stated that the petitioner came on a motorcycle and took her and thereafter they performed marriage and she was kept in a house of his relative but then the petitioner did not established any physical relationship.

6. It is further submitted that petitioner and the victim are major and were in love and thus performed their marriage.

7. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

8. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-

Patna High Court CR. MISC. No.14746 of 2023(3) dt.18-07-2023 3/3 (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Saraiya (Jaitpur O.P.) P.S. Case No. 413 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Adnan/- U T