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Patna High CourtCR. MISC./19717/2017bail granted

Rajesh Sahni And ANR v. The State Of Bihar

2017-08-25Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19717 of 2017 Arising Out of PS.Case No. -79 Year- 2016 Thana -BOCHHA District- MUZAFFARPUR ======================================================

1. Rajesh Sahni, S/o Mahesh Sahni,

2. Arun Sahni, S/o Mahesh Sahni, Both resident of village - Karnpur, P.O. Bochahan, P.S. Bochahan, Distt. - Muzaffarpur .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Satyendra Kumar Sinha For the Opposite Party/s : Mr. Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 25-08-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Bochahan P.S. Case no. 79 of 2016, registered under Sections 364 and 365/34 of the Indian Penal Code.

The allegation of informant Dinesh Sahni is that in the month of April, 2015 his niece was enticed away by one Nantun Sahni and he performed marriage with his nice at Ram Krishna temple. His niece took cash or Rs. 1,50,000/-, which was deposited in her name and also some ornaments, which were kept in the locker. Thereafter, Nantun Sahni his father Lalbabu Sahni brother-in-law Raju Sahni, mother-in-law Jailash Devi started torturing to his niece regarding which an application was given to the Police Station on 31.01.2016. On pressure of the Police, his niece was taken on assurance that she

Patna High Court Cr.Misc. No.19717 of 2017 (4) dt.25-08-2017 2/2 will not be tortured in future. Thereafter, Nantun Sahni took her niece to Kafen. His niece narrated all incident to him and also raised suspicion about killing her in future. She also stated that at that time she was boarded in Tempo by the petitioners.

Learned counsel for the petitioners submits that it would appear from the F.I.R. that the petitioners are neither involved in enticing away the niece of the informant nor they are family members or relative of Nantun Sahni, who is said to entice away the niece of informant. The petitioners being the neighbours of Nantun Sahni have falsely been implicated in this case. Further submission is that petitioners have no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Muzaffarpur in connection with Bochahan P.S. Case No. 79 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Rajendra Kumar Mishra, J) manish/- U T