Bijali Sah @ Bijuli Sah v. The State Of Bihar

Patna High Court Cr.Misc. No.14046 of 2017 (4) dt.05-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14046 of 2017 Arising Out of PS.Case No. -176 Year- 2015 Thana -NANHPUR District- SITAMARHI ====================================================== Bijali Sah @ Bijuli Sah, Son of Baideshi Sah, R/o Village- Samhauli, P.S.- Pupari, District- Sitamarhi.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Ashok Kumar Jha For the Opposite Party/s : Mr. Sri Mithilesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 05-07-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Nanpur Police Station Case No. 176 of 2015, disclosing offences under Sections 363, 366A, 394/34 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the petitioner has not been named in the F.I.R. and the victim has already performed marriage with one Birendra Sahni and she is living with him happily, which is evident from annexure-2. Moreover, the victim in her statement recorded under Section 164 Cr.P.C. herself

Patna High Court Cr.Misc. No.14046 of 2017 (4) dt.05-07-2017 admitted that she out of her sweet will went with Birendra Sahni and the implication of this petitioner in this case has been denied by the victim herself, which is evident from annexure-2. Hence, the petitioner deserves the privilege of anticipatory bail. Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub- Divisional Judicial Magistrate, Pupari at Sitamarhi, in connection with Nanpur Police Station Case No. 176 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T