Patna High CourtCR. MISC./25905/2020bail granted

Jitendra Sahni @ Jittan Sahni v. The State Of Bihar

2020-11-23Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25905 of 2020 Arising Out of PS. Case No.-63 Year-2017 Thana- BAKHARI District- Begusarai ============================================== JITENDRA SAHNI @ JITTAN SAHNI Son of Late Triveni Sahni Resident of Village- Goriyari, P.S.- Bakhari, District- Begusarai. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr. Jharkhandi Upadhyay ============================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 23-11-2020 Heard Mr. Manoj Kumar, learned counsel for the petitioner and Mr. Jharkhandi Upadhyay, learned counsel for the State.

The petitioner seeks bail in connection with Bakhri P.S. Case No. 63 of 2017, which was initially instituted for the offence under Section 364 of the Indian Penal Code but subsequently chargesheet has been submitted under Section 364 A/ 34 of the Indian Penal Code.

Two unknown motorcycle borne youths are alleged to

Patna High Court CR. MISC. No.25905 of 2020(3) dt.23-11-2020 2/3 have kidnapped the minor daughter of the informant. Learned counsel for the petitioner submits that the victim in her statement under Section 164 Cr.P.C has not named the petitioner and his implication in this case is on the basis of a confession of a co-accused, namely, Dharmendra Sahni.

Learned counsel for the petitioner has further submitted that he is a person of clean antecedent and he has been in custody since 27.11.2019.

Aforesaid Dharmendra Sahni, who has named the petitioner in his confession has been granted bail by a Bench of this Court.

Considering the afore-stated facts and taking into account the period of custody of the petitioner as also the fact that the victim has not named the petitioner in her statement under Section 164 Cr.P.C., and the case has not yet been committed to the court of sessions, he is directed to be released on bail, on furnishing bail bonds of Rs. 10,000 (Rs. Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial

Patna High Court CR. MISC. No.25905 of 2020(3) dt.23-11-2020 3/3 Magistrate, Begusarai in connection with Bakhri P.S. Case No. 63 of 2017.

(Ashutosh Kumar, J) sunilkumar/- U T