Rikhi Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19534 of 2024 Arising Out of PS. Case No.-98 Year-2023 Thana- HARSIDHI District- East Champaran ====================================================== 1.

Rikhi Sahani Sono F Ganga Sahani R/O-Dhab Tola Ranjita, Ward No. 4, P.S.-HARSIDHI, Distt.-EAST Champaran 2.

Raman Sahani Son Of Bikram Sahani R/O-Dhab Tola Ranjita, Ward No. 4, P.S.-HARSIDHI, Distt.-EAST Champaran 3.

Kewu Sahani Son Of Late Bhola Sahani R/O-Dhab Tola Ranjita, Ward No. 4, P.S.-HARSIDHI, Distt.-EAST Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Tiwari For the Opposite Party/s :

Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-04-2024 1.

Heard learned counsel for the petitioners and learned A.P.P. for the State.

2.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 366 and 34 of the Indian Penal Code.

3.

Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and have been falsely implicated in the instant case by the informant with an allegation that on 28-01-2023, while informant along with her daughter, aged about 18 years, was sleeping in the house when she heard a sound and went outside and saw that her villagers,

Patna High Court CR. MISC. No.19534 of 2024(2) dt.15-04-2024 2/3 namely, Shailesh Kumar, Jamun Sahani and Ramba Devi along with 4-5 unknown persons were taking her daughter forcibly on a motorcycle with an intention to get her marriage performed, on alarm, villagers gathered and she came to know that Magesh had taken her daughter to Nepal and his mobile number is 8521429089. It is next submitted that petitioners are not named in the FIR and are co-villagers. It is also submitted that during the course of investigation, it transpired that the victim was in love with Shailesh for the last two years and they intended to solemnize their marriage for which a Panchayati was organized in which the petitioners were against the marriage as Shailesh and the victim were related.

It is further submitted that the parties have settled their dispute and a compromise dated 23-82023 (Annexure-2) has been filed before the learned trial court. It is further submitted that the victim has performed her marriage with Rajkumar Sahni as would be evident from the marriage card (Annexure-3). It is also submitted that after the victim came back, her statement was recorded under Section 164 CrPC where she had named the petitioners also alleging that they were involved in the occurrence but then the statement was recorded under parental pressure but thereafter a compromise as recorded hereinabove was entered in between the parties.

Patna High Court CR. MISC. No.19534 of 2024(2) dt.15-04-2024 3/3 4.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

5.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Harsidhi P.S. Case No. 98 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) SUMIT/- U T