Gauri Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22481 of 2024 Arising Out of PS. Case No.-167 Year-2022 Thana- PAKRIDAYAL District- East Champaran ====================================================== 1.
GAURI SAHNI S/O LATE DHODHA SAHNI R/O VILLAGE- SIRHA TOLA KATAS, P.S- PAKRIDAYAL, DISTT.- EAST CHAMPARAN. 2.
MEENA DEVI W/O GAURI SAHNI R/O VILLAGE- SIRHA TOLA KATAS, P.S- PAKRIDAYAL, DISTT.- EAST CHAMPARAN. ... ... Petitioner/s
Versus
THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shanti Bhushan Singh For the Opposite Party/s :
Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-04-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The petitioners have preferred this application for grant of anticipatory bail in connection with Pakridayal P.S. Case No. 167 of 2022, for the offences punishable under Sections 363/365/366/366A/34 of the Indian Penal Code, section 4/8 of the POCSO Act and section 3(1)(r)(s) of the SC/ST Act.
3. As per prosecution case, the petitioners and other co-accused persons are alleged to have kidnapped the daughter of the informant for the purpose of marriage.
4. Learned counsel for the petitioners has submitted
Patna High Court CR. MISC. No.22481 of 2024(2) dt.22-04-2024 2/3 that the petitioners are innocent and have falsely been implicated in this case. The petitioners have no criminal antecedent as stated in para 3 of the bail petition. There was love affair between the victim girl and the co-accused Jasmindra Sahni @ Jasvindra Sahni. The petitioners have been made accused in this case because they are parents of the co-accused Jasmindra Sahni @ Jasvindra Sahni. There is an inordinate delay of 13 days in lodging the F.I.R and there is no plausible explanation for the same. She in her statement recorded u/s 164 Cr.P.C. has stated that due to her own sweet will she solemnized marriage with the co-accused Jasmindra Sahni @ Jasvindra Sahni and went to Delhi.
5. Learned APP for the State has vehemently opposed the prayer for anticipatory bail of the petitioners.
6. Considering the aforesaid facts and circumstances of the case as well as there is general and omnibus allegation against the petitioners, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned court concerned, East Champaran at Motihari in connection
Patna High Court CR. MISC. No.22481 of 2024(2) dt.22-04-2024 3/3 with Pakridayal P.S. Case No. 167 of 2022, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
7. The application stands allowed.
(Chandra Prakash Singh, J) Ranjeet/- U T