Rajesh Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22149 of 2015 Arising Out of PS.Case No. -317 Year- 2012 Thana -PIPRAKOTHI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Rajesh Sahani, S/o Jhagru Sahani, Resident of village - Punarwajipur, P.S. Madhuban, District - East Champaran.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 01-07-2015 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner is accused in Sessions Trial No. 437 of 2014 arising out of Piprakothi P.S. Case No. 317 of 2012 registered under Sections 363/365/366/34 of the I.P.C. Learned counsel appearing on behalf of the petitioner submits that earlier prayer of the petitioner for bail was rejected by this Court vide Cr. Misc. No. 24164 of 2013 on 29.04.2014. It is further submitted that in fact, the victim moved with this petitioner according to her own sweet will and later on, due to pressure of her husband, she gave statement under Section 164 of the Cr. P.C. regarding her kidnapping by this petitioner and others. It is also submitted that in course of trial, witnesses Ramadhar Sahani and Sumitra Devi, who are neighbour of her

Patna High Court Cr.Misc. No.22149 of 2015 (3) dt.01-07-2015 2/2 Maika, have stated in their evidence that victim had love affection with this petitioner Rajesh Sahani and she went with him willingly. It is also submitted that petitioner is in custody since 02.01.2013.

Having considered the facts and circumstances of the case and the period of custody of the petitioner, let the above named petitioner 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 10th Additional Sessions Judge, Motihari, East Champaran in connection with S. Tr. No. 437 of 2014 arising out of Piprakothi P.S. Case No. 317 of 2012.

(Rajendra Kumar Mishra, J.) Shail/- U T