Mohan Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25293 of 2022 Arising Out of PS. Case No.-25 Year-2022 Thana- HATHAURI District- Muzaffarpur ====================================================== Mohan Sahni Son Of Raj Kishore Sahni Resident Of Village - And P.O.- Barhad, P.S.- Hathauri, Distt.- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Suman Kumar Verma For the Opposite Party/s :

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 366 of the Indian Penal Code.

It is a case of abduction of daughter of the informant, aged about 19 years.

It is submitted by learned counsel for the petitioner that petitioner is innocent he has falsely been implicated in this case. It is further submitted that petitioner is not named in the F.I.R. and his name has been dragged in this case due to political rivalry.

Learned A.P.P appearing on behalf of the State has

Patna High Court CR. MISC. No.25293 of 2022(3) dt.14-11-2022 2/2 vehemently opposed the prayer of the petitioner and submitted that the victim in her statement recorded under Section 164 Cr.P.C has specifically alleged against the petitioner in commission of the alleged offence as evident from para 17 of the case Diary.

Considering the fact that the victim in her statement recorded under Section164 Cr.P.C has specifically alleged her kidnapping against the petitioner, this Court is not inclined to grant privilege of anticipatory bail to the petitioner.

The prayer for anticipatory bail of the petitioner stands rejected.

However, if the petitioner surrenders and prays for regular bail, the same may be considered by the concerned court on its own merit without being prejudiced by the order of this Court.

(Sunil Kumar Panwar, J) nirajkrs/- U T