Harendra Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42434 of 2017 Arising Out of PS.Case No. -57 Year- 2015 Thana -JANDAHA District- VAISHALI(HAJIPUR) ======================================================

1. Harendra Sahani, Son of Nanhaki Sahani, Resident of VillageKhalishpur, P.S.- Sarairanjan, District- Samastipur. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vijay Anand For the Opposite Party/s : Mr. Sri Arbind Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-09-2017 The petitioner seeks regular bail in connection with Jandaha P.S. Case No. 57 of 2015, registered for offences punishable under Section 363, 365, 372/34 of the Indian Penal Code and subsequently added Section 376 and 494 of the Indian Penal Code.

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

It has been submitted on behalf of the petitioner that girl has been recovered and she in her statement recorded under Section 164 Cr.P.C has not made any allegation against the petitioner rather she has stated that she went with the petitioner out of her own will in spite of knowing the fact that petitioner is married. It has also been submitted that no case under Section 376

is made out against the petitioner as it is the case of consensual sex and further in medical examination her age was also assessed between 17 to 19 years. Petitioner has been in judicial custody since 30.05.2017.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, let the petitioner above named, be released 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 1st Additional Sessions Judge cum Special Judge, Vaishali at Hajipur, in connection with Jandaha P.S. Case No. 57 of 2015, 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 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.

(Vinod Kumar Sinha, J) sunil/- U T