Hiramati Devi @ Hiramoti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19062 of 2024 Arising Out of PS. Case No.-472 Year-2023 Thana- NAUTAN District- West Champaran ====================================================== 1.

HIRAMATI DEVI @ HIRAMOTI DEVI WIFE OF CHANDESHWAR SAHANI RESIDENT OF VILLAGE - SINGAHA, P.S. - HARSIDHI, DISTRICT - EAST CHAMPARAN, MOTIHARI 2.

CHANDESHWAR SAHANI SON OF NATHUNI SAHANI RESIDENT OF VILLAGE - SINGAHA, P.S. - HARSIDHI, DISTRICT - EAST CHAMPARAN, MOTIHARI 3.

VINAY SAHANI @ VINAY KUMAR SON OF CHANDESHWAR SAHANI RESIDENT OF VILLAGE - SINGAHA, P.S. - HARSIDHI, DISTRICT - EAST CHAMPARAN, MOTIHARI 4.

AWADESH SAHANI @ AWADHESH KUMAR SON OF CHANDESHWAR SAHANI RESIDENT OF VILLAGE - SINGAHA, P.S. - HARSIDHI, DISTRICT - EAST CHAMPARAN, MOTIHARI 5.

SUNDISH SAHANI @ PREM KUMAR SON OF CHANDESHWAR SAHANI RESIDENT OF VILLAGE - SINGAHA, P.S. - HARSIDHI, DISTRICT - EAST CHAMPARAN, MOTIHARI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar Pandey, Adv.

For the Opposite Party/s :

Mrs.Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-04-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2.

The petitioners apprehend their arrest in a case registered for the offence punishable u/s 366/34 of the IPC. 3.

As per the prosecution case, the daughter of the informant has been abducted by the F.I.R. named accused persons including the petitioner with an intention to marry her with coaccused Raja Sahani.

Patna High Court CR. MISC. No.19062 of 2024(2) dt.02-04-2024 2/2 4.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to ulterior motive. There is no specific allegation against the petitioner rather the specific overt act is against the co-accused Raja Sahani and since the petitioners are the family of Raja Sahani, they have been implicated in this case. It is submitted that the victim is a major and on her will, she fled away with Raja Sahani. Petitioners have no criminal antecedent. 5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Nautan P.S. Case No.472 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T