Suresh Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9655 of 2018 Arising Out of PS.Case No. -336 Year- 2017 Thana -TAJPUR District- SAMASTIPUR ======================================================

1. Suresh Sahni S/o Sri Ram Ekwal Sahni, R/o Village- Soharthi, P.S.- Jandaha, District- Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjeet Choubey For the Opposite Party/s : Mr. Sri Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 17-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections-307, 363, 365, 120(B) & other minor Sections of the Indian Penal Code and Section-4 of POCSO Act.

The prosecution case got initiated with the written report of Kumari Ranju dated 15-10-2017 submitted to SHO, Tajpur Police Station is to the effect that on 15-10-2017 at 10.30 P.M. in the night 1213 culprits came on motorcycles. They assaulted the informant, her husband and son Rahul Kumar. It is also alleged that minor daughter of the informant namely Monika Kumari was abducted. Saroj Sahani and Anchal Sahani were arrested on the spot and they named 10-12 persons including the petitioner.

It is submitted on behalf of the petitioner that the statement

Patna High Court Cr.Misc. No.9655 of 2018 (2) dt.17-02-2018 of victim girl was recorded u/S 164 Cr. P.c. on 28-10-2017 in which, she stated her age to be 15 years. She stated that she was abducted by 10-15 persons but she only identified Hemant Kumar who wanted to marry her and that he forcibly established physical relationship. It has further been submitted that co-accused Kiran Devi and Sangam Devi have already been granted anticipatory bail a coordinate bench of this court by order dated 05-02-2018 passed in Cr. Misc. No. 6047 of 2018. Considering the fact that the petitioner has no criminal antecedent and the victim girl in her statement recorded u/S 164 Cr. P.C.

has not taken name of the petitioner, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-I-cum-Special Judge, Samastipur in connection with Tajpur P.S. Case No. 336 of 2017, subject to the conditions as laid down under Section-438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) A.K.V./- U T