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Patna High CourtCR. MISC./24966/2021bail granted

Dharmendra Sahani v. The State Of Bihar

2021-11-16Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24966 of 2021 Arising Out of PS. Case No.-119 Year-2020 Thana- ARER District- Madhubani ====================================================== DHARMENDRA SAHANI SON OF RAJ KUMAR SAHANI @ RAJKUMAR SAHANI RESIDENT OF VILLAGE BALAIN P.S ARER DISTRICT MADHUBANI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Subhash Kumar Jha, Advocate For the Opposite Party/s :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 16-11-2021 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 363, 366A and 34 of the Indian Penal Code.

As per the prosecution case, the petitioner is stated to have kidnapped the minor daughter of the informant for the purpose of marriage.

It is submitted by learned counsel for the petitioner that the allegation as levelled in the FIR are false and incorrect. The daughter of the informant returned and her statement was recorded under section 164 Cr.P.C, a copy of which has been brought on record as Annexure 2 to the petition. Referring to the same it is submitted that the daughter of the informant has

Patna High Court CR. MISC. No.24966 of 2021(2) dt.16-11-2021 2/2 categorically stated that she went and married the petitioner out of her own volition and the case registered by her father is false. It is submitted that the petitioner is in custody since 23.11.2020 and charge sheet has been submitted in the case. Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case together with the contents of the statement under section 164 Cr.P.C of the daughter of the informant, the Court directs the petitioner to be enlarged on bail in connection with Arer P.S. Case no. 119 of 2020 corresponding to G.R. no. 1008 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned ADJII, Madhubani. (Partha Sarthy, J) Prakash/- U