Ram Lal Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35800 of 2017 Arising Out of PS.Case No. -209 Year- 2015 Thana -MUSAHRI District- MUZAFFARPUR ====================================================== Ram Lal Sahni, Son of Mahendra Sahni, Resident of Village- Ram Gopalpur Taraura, P.S.- Mushahri, District- Muzaffarpur. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Alok Kumar Alok, Adv. Mr. Santosh Kumar, Adv.

For the Opposite Party/s : Mr. Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 17-01-2018 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking bail in connection with Mushahri P.S. Case No. 209 of 2015, S. Tr. No. 326 of 2016 registered for offence under section 364(A) of the Indian Penal Code.

The petitioner has earlier moved before this Court with a prayer for bail in Cr. Misc. No. 17197 of 2016 and this Court vide order dated 26.4.2016 rejected the prayer for bail with an observation to renew his prayer for bail after one year, if trial is not concluded.

In the present case, seven witnesses including the statement of victim has been recorded wherein he has given details about the manner the victim was abducted and, later on, flee away

Patna High Court Cr.Misc. No.35800 of 2017 (4) dt.17-01-2018 from the custody. From the statement, it appears that the victim along with his mother had gone to the site of the land, later on, on the pretext that the map of the land was left in the house, he took the victim with him and during journey he communicated to the victim that he has been kidnapped but, thankfully, he saved himself.

The petitioner does not have any criminal antecedent and is languishing in judicial custody since 1.1.2016. Now the statement of the victim has been recorded in the present case. Looking to the facts and circumstances of the case, let the petitioner, namely, Ram Lal Sahni, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-III, Muzaffarpur in connection with Mushahri P.S. Case No. 209 of 2015 (S.Tr. No. 326 of 2016), subject to the condition that the petitioner will regularly attend the court and if he remains absent for two consecutive dates, the court below will have a liberty to pass an order for cancellation of the bail of the petitioner.

(Shivaji Pandey, J) Rishi/- U T