Ramesh Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17839 of 2019 Arising Out of PS. Case No.-300 Year-2018 Thana- BISFI (PATAUNA) District- Madhubani ====================================================== RAMESH SAHANI Son of Lal Bahadur Sahani Resident of Parsauni, P.S.- Bisfi, District- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gagan Deo Yadav For the Opposite Party/s :

Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 363, 366A/34 of the Indian Penal Code. The prosecution case in brief is that allegedly on the call of the petitioner, the informant's daughter went to offer Puja but she did not return. It was suspected that she was kidnapped. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 03-11-2018. Charge sheet has already been submitted. The victim has been examined u/S 164 Cr.P.C. in which, she has not levelled allegation of sexual assault againt the petitioner. Annexure-2 is a petition filed by

Patna High Court CR. MISC. No.17839 of 2019(3) dt.23-04-2019 2/2 the informant, in which she has stated that the case has been instituted due to mistake of fact.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, the petitioner named above is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Benipatti, Madhubani in connection with Bisfi (Patauna) P.S. Case No. 300 of 2018. (Sudhir Singh, J) A.K.V.//- U T