Shivratan Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62013 of 2018 Arising Out of PS. Case No.-170 Year-2017 Thana- PAKRIDAYAL District- East Champaran ====================================================== Shivratan Sahani, Son of Bhola Sahani, Resident of Village- Madhupur, P.S.- Motipur, District- Muzaffarpur.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Umesh Chandra Verma For the Opposite Party/s :

Mr. Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-12-2018 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 363, 366(A), 406, 379 and 494 of the IPC.

The prosecution case, as per the written report of Phulwa Devi submitted to the Station House Officer, Pakridayal, Police Station, is to the effect that on 15.10.2017, daughter-in-law of the informant, Nitu Devi fled away with Rs. 1,00,000/- cash, jewellery worth Rs. 40,000/- and clothes worth Rs. 20,000/-. It is further alleged that on 25.10.2017, the informant came to

Patna High Court Cr.Misc. No.62013 of 2018(2) dt.11-12-2018 2/3 know that her daughter-in-law was residing with the petitioner and have performed marriage with him.

It is submitted by learned counsel for the petitioner that in the statement recorded under Section 164 Cr. P.C., the victim girl recorded her age as 18 years whereas the Court assumed her age as the same. The victim girl has also accepted her marriage with the petitioner. It is further submitted that the informant side also lodged a false case against the in-laws of the petitioner. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent. It is submitted by the learned APP that there is specific accusation against the petitioner and the petitioner is named in the FIR.

Considering the fact that the victim has not levelled any accusation against the petitioner in the statement recorded under Section 164 Cr. P.C., coupled with the statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the

Patna High Court Cr.Misc. No.62013 of 2018(2) dt.11-12-2018 3/3 satisfaction of learned 10th A.C.J.M., East Champaran at Motihari in connection with Pakaridyal P.S. Case No. 170 of 2017 subject to the condition as laid down under Section 438(2) of the Cr. P.C.

(Dinesh Kumar Singh, J) Deepak/Rahul/- U T