Motilal Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33600 of 2023 Arising Out of PS. Case No.-421 Year-2022 Thana- SANGRAMPUR District- East Champaran ====================================================== 1.
MOTILAL SAHANI S/o- BINDA SAHANI Village- Uttari Bariyaria PsSangrampur Dist- East Champaran Motihari 2.
Ranju Devi wife of Balindra Sahani Village- Uttari Bariyaria PsSangrampur Dist- E.Champaran Motihari ... ... 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. Tapeshwar Sharma, Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-07-2023 At the outset, learned counsel for the petitioner No.1 seeks permission to withdraw the pre-arrest bail petition. This bail petition of petitioner No. 1 is dismissed as withdrawn.
Heard learned counsel for the petitioner No. 2 and the State.
2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 365, 370, 372 of the Indian Penal Code.
3. It is alleged that this petitioner along with other co-
Patna High Court CR. MISC. No.33600 of 2023(2) dt.25-07-2023 2/3 accused persons under conspiracy have kidnapped the informant's sister. The victim is still traceless.
4. It is submitted that petitioner has been made accused in this case merely because she is distant relative of coaccused Motilal. Informant sister's was first wife of the coaccused Motilal and she was lady of questionable character and she left the house of her husband (Motilal) in the year 2017 and in this regard the husband has also filed an informatory petition on 11.09.2017 before S.D.M., Areraj. There is 16 days delay in lodging the F.I.R for which there is no plausible explanation which itself creates doubt over the veracity of the prosecution case. Petitioner is lady. Petitioner claims clean antecedent.
5. Learned counsel for the State opposes the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner No. 2, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the court of learned C.J.M., Motihari, East Champaran in connection with Sangrampur P.S. case no 421 of 2022, subject to the conditions laid down under section 438(2) of the
Patna High Court CR. MISC. No.33600 of 2023(2) dt.25-07-2023 3/3 Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Kaushik/- U T