Shambhu Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22736 of 2020 Arising Out of PS. Case No.-133 Year-2018 Thana- KUDHNI District- Muzaffarpur ====================================================== Shambhu Sahni S/o Kamleshwar Sahni, Resident of Village-Garahua, P.S.- Kurhani, District-Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr. Jharkhandi Upadhyaya ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 05-12-2020 Heard Mr. Alok Kumar Alok, learned counsel for the petitioner and Mr. Jharkhandi Upadhyaya, learned counsel for the State through Video Conferencing.

In this case, the petitioner is seeking regular bail in connection with Kurhani P.S. Case No. 133 of 2018 registered for offence punishable under sections 363 and 366(A) of the Indian Penal Code.

Allegation has been made that the petitioner along with other co-accused kidnapped the minor daughter of the informant. In the statement recorded under section 164 Cr.PC., the victim girl has stated that the present petitioner along with his sonin-law entered into her house, took her away and kept her at Mohanpur for three days.

Learned counsel for the petitioner submits that the girl herself has stated that no untoward incident had taken place with

Patna High Court CR. MISC. No.22736 of 2020(3) dt.05-12-2020 2/2 her. The petitioner is in jail since 22.11.2019. It is not expected that the petitioner had gone to the house of the victim girl with his son-in-law. Learned counsel for the State stated that in the statement recorded under section 164 Cr.PC., the victim girl has stated about her abduction made by the present petitioner but nothing wrong was with her Looking to the period of jail custody and other facts and circumstance of the case, the petitioner is directed to be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of 3rd Additional Chief Judicial Magistrate (West), Muzaffarpur in connection with Kurhani P.S. Case No.

133 of 2018, subject to the condition that one of the bailors of the petitioner shall be a close relative. The petitioner will not induce any witness or tamper with the evidence. The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court. In case of failure on two consecutive dates without any proper reason, the prosecution will be at liberty to make a prayer before the court below for cancellation of the bail of the petitioner.