Ajay Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27412 of 2024 Arising Out of PS. Case No.-295 Year-2019 Thana- NAUTAN District- West Champaran ====================================================== Ajay Sahani S/o Makhan Sahani R/o vill - Dachhani Teluhan, P.S. - Nautan, Distt. - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate For the Opposite Party/s :

Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 09-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Nautan P.S. Case No. 295 of 2019 instituted for the offence under Sections 363, 366(A) of the Indian Penal Code. 3.

Prosecution case in short is that daughter of the informant was abducted by the petitioner for the purpose of marriage while she left her house to attend stitching classes. It is further alleged that when the informant asked to return his daughter, he demanded Rs. 2,00,000/-.

4.

It has been submitted on behalf of the petitioner

Patna High Court CR. MISC. No.27412 of 2024(2) dt.09-04-2024 2/3 that the petitioner is in custody since 12-01-2024. Petitioner is a man of clean antecedent.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Learned counsel for the petitioner submits that statement of the victim was recorded under Section 164 of the Cr.P.C., and victim has stated that she has solemnized marriage with the petitioner at her own volition, which fact finds mention in the order impugned. Other co-accused persons have been granted anticipatory bail by a Co-ordinate Bench of this Court vide order dated 09-07-2020, passed in Cr. Misc. No. 12731 of 2020. It is lastly submitted that charge sheet has already been submitted in this case.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, clean antecedent of the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.27412 of 2024(2) dt.09-04-2024 3/3 Court below/concerned Court in connection with Nautan P.S. Case No. 295 of 2019.

(Rudra Prakash Mishra, J) Raj Kishore/- U T