Pramod Sahni And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.19575 of 2017 (2) dt.15-06-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19575 of 2017 Arising Out of PS.Case No. -26 Year- 2017 Thana -KARJA District- MUZAFFARPUR ======================================================

1. Pramod Sahni, Son of Nageshwar Sahni,

2. Sanju Devi, Wife of Pramod Sahni, Both resident of VillageAkhtiyarpur, P.S.- Karja, District- Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ranjeet Kumar Singh, Adv. For the Opposite Party/s : Mr. Sri Sunil Kumar Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 15-06-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners apprehend their arrest in connection with Karja Police Station Case No. 26 of 2017, G.R. No. 437 of 2017 registered under Sections 366(A)/34 of the Indian Penal Code.

As per the prosecution case, the accused, Abhishek Kumar, kidnapped the daughter of the informant while she was on the way to Chawk on the point of pistol and on making complaint, his parents who happen to be the petitioners in this case abused and became adamant to assault the informant. It has been submitted on behalf of the petitioners that the petitioners, who are of clean antecedents, are innocent

Patna High Court Cr.Misc. No.19575 of 2017 (2) dt.15-06-2017 and have falsely been implicated in this case. In fact, the petitioners have not played any role in the alleged occurrence and as they happen to be the parents of the co-accused, Abhishek Kumar, who is said to have kidnapped the daughter of the informant, they have been implicated in this case. Moreover, the victim had developed love affair with the co-accused, Abhishek Kumar, and suo motu eloped with him and performed marriage with him in the temple. Hence, the petitioners deserve the privilege of anticipatory bail.

Considering the aforesaid facts and circumstances of the case and the nature of allegation as made against the petitioners, the petitioners, above named, in the event of their arrest or surrender before the Court below within four weeks, are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Muzaffarpur, in connection with Karja Police Station Case No. 26 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Prakash Chandra Jaiswal, J) brajesh/- U T