Harendra Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49895 of 2017 Arising Out of PS.Case No. -82 Year- 2016 Thana -SUGAULI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Harendra Sahani Son of Jokhu Sahani Resident of village- Mahesara, P.S.- Gopalpur, District- West Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar, Advocate For the Opposite Party/s : Mr. Smt. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 13-12-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner, who is in custody, seeks bail in connection with Sugauli P.S. Case No. 82 of 2016 registered for the offence punishable under Sections 363 and 365 of the Indian Penal Code.

The allegation against the petitioner is of kidnapping the wife of the informant alongwith her children on 16.03.2016 and threatening informant on mobile.

Learned counsel for the petitioner submitted that he is innocent and has falsely been implicated in this case. It has further been submitted that the wife of the informant Sunita Devi had filed complaint case in the court of C.J.M., West Champaran,

Patna High Court Cr.Misc. No.49895 of 2017 (3) dt.13-12-2017 2/2 Bettiah vide complaint Case No. 2279(C) of 2016 against the informant, who is the husband of Sunita Devi, under Section 498 A of the Indian Penal Code alleging torture and harassment by the informant and she was examined by the court on S.A. on 30.03.2017, as such, the case of the informant of kidnapping is false and concocted. It has been further submitted that petitioner has no criminal antecedent and he is in custody since 05.11.2016. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, East Champaran at Motihari, in connection with Sugauli P.S. Case No. 82 of 2016. (S. Kumar, J) veena/- U T