Shibu Sahni @ Shivchandra Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33941 of 2017 Arising Out of PS.Case No. -37 Year- 2017 Thana -CHAKAMHESI District- SAMASTIPUR ======================================================
1. Shibu Sahni @ Shivchandra Sahni, Son of Late Lakshmi Sahni Resident of Village-Saidpur, P.S.-Chakmehsi, District-Samastipur. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ranjan Kumar For the Opposite Party/s : Mr. Sri Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-07-2017 The petitioner seeks regular bail in connection with Chakamhesi P.S. Case No. 37 of 2017, registered for offences punishable under Section 363, 364, 366(A) and 34 of the Indian Penal Code.
Allegation as per F.I.R is that son of the petitioner and other co-accused person kidnapped the daughter of the informant and it is alleged against this petitioner that he has also incited them in commission of the said offence.
It has been submitted on behalf of the petitioner that petitioner's name has been dragged in this case only because he happens to be the father of the co-accused against whom there is allegation that he has kidnapped the daughter of the informant. Further now the girl has been recovered and the matter has now
Patna High Court Cr.Misc. No.33941 of 2017 (2) dt.26-07-2017 2/3 been compromised between the parties. Petitioner has been in custody since 13.04.2017 Heard learned A.P.P. also.
Having heard both sides, considering the facts and circumstances of the case and the submission of learned counsel for the petitioner, the court below is directed to verify the submission of learned counsel for the petitioner that now the girl has been recovered and further the matter has been compromised between the parties, and if it is so, he will release the petitioner on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM -I, Samastipur, in connection with Chakamhesi P.S. Case No. 37 of 2017, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioner will not induce any witness or tamper with the evidence.
(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and
Patna High Court Cr.Misc. No.33941 of 2017 (2) dt.26-07-2017 3/3 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 reasons, the prosecution will be free to move for cancellation of his bail bonds.
(Vinod Kumar Sinha, J) sunil/- U T