English Sahani v. The State Of Bihar

Patna High Court Cr.Misc. No.46294 of 2017 (2) dt.20-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46294 of 2017 Arising Out of PS.Case No. -45 Year- 2017 Thana -BABUBARHI District- MADHUBANI ======================================================

1. English Sahani Son of Sobhalal Sahani, R/o village- Jatahi, P.S.- Babubarhi, District- Madhubani.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. Sri Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-09-2017 Heard the parties.

The petitioner seeks regular bail in connection with Babubarhi P.S.Case No.45 of 2017, G.R.No.21 of 2017 registered for offences punishable under Sections 366A/34 of the Indian Penal Code.

Allegation against the petitioner is of kidnapping the minor girl of the informant.

Submission of the learned counsel for the petitioner is that the petitioner has been falsely implicated in this case as the victim girl in her statement under Section 164 Cr.P.C. has stated that she had gone on her own sweet will. The petitioner is in custody since 4.4.2017.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.46294 of 2017 (2) dt.20-09-2017 Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of Ist Additional Sessions Judge-cum-Special Judge, Madhubani in connection with Babubarhi P.S.Case No.45 of 2017 dated 2.4.2017 G.R.No.21 of 2017.

With 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 co-operate 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 reasons, the prosecution is free to move for cancellation of his bail bond.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T