Vishnu Dayal Sahni @ Vishun Dayal Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31360 of 2019 Arising Out of PS. Case No.-440 Year-2018 Thana- TAJPUR District- Samastipur ====================================================== VISHNU DAYAL SAHNI @ VISHUN DAYAL SAHNI, Son of Late Charitra Sahni, Resident of Village - Paharpur, P.S.- Tajpur (Halai O.P.), DistrictSamastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Choudhary Shyam Nandan, Advocate For the Opposite Party/s :
Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 10-05-2019 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in Tajpur (Halai) P.S. Case No.440 of 2018 instituted for the offence under Section(s) 363, 366 Indian Penal Code.
Counsel for the petitioner submits that petitioner is not named in the First Information Report. No Test Identification Parade has been held.
In the written report, it is alleged that daughter of the victim became traceless. The informant learnt from the friend of his daughter, namely, Mili Kumari, that his daughter used to talk to Nawal Sahni, who used to come to the house of the petitioner. The informant has further alleged that he has also learnt that his
Patna High Court CR. MISC. No.31360 of 2019(2) dt.10-05-2019 2/2 daughter used to talk with Nawal Sahani on telephone. In this manner, there is no allegation of specific overt act against the petitioner.
In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released 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 Additional Chief Judicial Magistrate, 1st, Samastipur, in connection with Tajpur (Halai) P.S. Case No.440 of 2018, subject to the condition that both the bailors shall be close relative of the petitioner. (Sanjay Priya, J) J. Alam/- U T