Surendra Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26211 of 2021 Arising Out of PS. Case No.-750 Year-2020 Thana- MADHAURAH District- Saran ====================================================== SURENDRA SAHANI S/o Late Buddar Sahani Resident of Village- Nautan mathiya,P.S.- Marhowrah, District- Saran at Chapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Tej Pratap Singh, Advocate For the Opposite Party/s :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 23-11-2021 Heard learned counsel for the parties.

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

As per the prosecution case, the sixteen year old daughter of the informant was kidnapped. On enquiry it transpired that the petitioner had a hand in the said kidnapping. It is submitted by learned counsel for the petitioner that the allegations as levelled against the petitioner are false and concocted. The daughter of the informant returned and her statement was recorded under section 164 Cr.P.C which has been brought on record as Annexure-3 to the petition. From perusal of the same it would transpire that the daughter of the informant is a major. Further she has categorically stated in her

Patna High Court CR. MISC. No.26211 of 2021(2) dt.23-11-2021 2/2 statement under section 164 Cr.P.C that she was not kidnapped, she went out of her own volition and has married the petitioner in a Court marriage. The petitioner is in custody since 31.8.2020 and has no criminal antecedent.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case specially the contents of the statement of the daughter of the informant under section 164 Cr.P.C, the Court directs the petitioner to be enlarged on bail in connection with Marhowrah P.S. Case no. 750 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 Additional District Judge VI, Saran at Chapra.

(Partha Sarthy, J) Prakash/- U