Vishal Soni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25228 of 2020 Arising Out of PS. Case No.-129 Year-2020 Thana- SIWAN TOWN District- Siwan ====================================================== 1.

VISHAL SONI Son of Vinod Kumar Soni Resident of Village- Nirala Nagar, P.S.- Siwan Town, District- Siwan.

2.

Ranjana Kumari @ Sanjana Kumari D/o Vinod Kumar Soni Resident of Village- Nirala Nagar, P.S.- Siwan Town, District- Siwan. 3.

Manbodhna Devi Wife of Mahavir Soni Resident of Village- Nirala Nagar, P.S.- Siwan Town, District- Siwan.

4.

Vinod Kumar Soni Son of Mahavir Soni Resident of Village- Nirala Nagar, P.S.- Siwan Town, District- Siwan.

5.

Arti Devi Wife of Vinod Kumar Soni Resident of Village- Nirala Nagar, P.S.- Siwan Town, District- Siwan.

6.

Abhishek Kumar Soni Son of Vinod Kumar Soni Resident of Village- Nirala Nagar, P.S.- Siwan Town, District- Siwan.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ranjeet Sharma Son of Late Sri Ram Sharma Resident of Village- Nirala Nagar, P.S.- Siwan Town, District- Siwan.

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

For the Petitioner/s :

Mr. Ajay Kumar Tiwary,Advocate For the Informant :

Mr. Prashant Kumar, Advocate For the State :

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 19-10-2020 Heard learned counsel for the petitioners, learned counsel for the informant and learned APP for the State through video conference. Learned counsel for the petitioners undertakes that all defects pointed out by the Stamp Reporter shall be removed, and compliance with the conditions of the notices of this Court with regard to acceptance of e-filing shall be made, without delay immediately upon resumption of normal physical

Patna High Court CR. MISC. No.25228 of 2020(2) dt.19-10-2020 2/3 functioning of the Court, and in any event within one month thereof.

2. The petitioners apprehends their arrest for the offences alleged under Sections 363, 366(A) and 120(b) of the Indian Penal Code registered in connection with Siwan Town P.S. Case No. 129 of 2020.

3. It is submitted that the petitioners who are various family members of Vikash Kumar Soni, have been falsely implicated in connection with the alleged kidnapping of the informant's daughter, as is evident from her statement recorded under Section 164 Cr.P.C. wherein she has categorically stated that she had voluntarily accompanied Vikash Kumar Soni to Varanasi and solemnized marriage with him. In her statement she has not made any allegation against the petitioners. It is therefore, submitted that the ingredients of Section 366A of IPC are not satisfied. The petitioners claim clean antecedents.

4. Learned APP assisted by learned counsel for the informant appear and have been heard.

5. Be that as it may, in the event of the petitioners' arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate,

Patna High Court CR. MISC. No.25228 of 2020(2) dt.19-10-2020 3/3 Siwan, in connection with Siwan Town P.S. Case No. 129 of 2020. subject to the conditions as laid down under Section 438 (2) Cr.P.C. if they are not otherwise required in any other case.

6. Office shall follow-up to ensure that all defects are removed and compliance with the notices of this Court are made by the petitioner within the stipulated time provided in para 1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Vikash Jain, J) Chandran/- U T