Vinod Sahni @ Vinod Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39778 of 2024 Arising Out of PS. Case No.-25 Year-2024 Thana- BELA District- Sitamarhi ====================================================== Vinod Sahni @ Vinod Mukhiya SON OF Laxmi Sahni Village- Jai Nagar PsBela, Dist- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Jha For the Opposite Party/s :

Mr. Arbind Kumar Pandey (App.84) ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-08-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 341, 363, 367, 370 of the Indian Penal Code, Sections 75, 79 of J.J. Act & Sections 16 and 17 of the Child Labour Act.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and has been falsely implicated in the instant case by the informant with an allegation that petitioner was demanding a sum of Rs.2 lacs from the informant towards the expense incurred in the case of kidnapping instituted against his brother by the informant earlier. The learned counsel next submits that the son of the informant had willingly accompanied the brother of the

Patna High Court CR. MISC. No.39778 of 2024(3) dt.13-08-2024 2/3 petitioner for work to Maharashtra with consent of the petitioner but then was caught by the police, as such, a false case came to be instituted by the informant against the brother of the petitioner alleging that he had kidnapped his son for selling him in Nepal, but later, with the intervention of well wishers, the said criminal case was compromised. It is further submitted that from perusal of Annexure-2 to the anticipatory bail application, it would manifest that instant case also stands compromised in between the petitioner and the informant on intervention of well wishers, as the villagers were aware that petitioner has been falsely implicated.

4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

5. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Bela P.S. Case No.25/2024, subject to the conditions as laid down under

Patna High Court CR. MISC. No.39778 of 2024(3) dt.13-08-2024 3/3 Section 438 (2) of the Cr.P.C.

6. However, the learned trial court before accepting the bail bonds of the petitioner shall verify from the informant about the genuineness of the compromise, in the event, if the informant disputes the genuineness of the compromise, in that event, the present anticipatory bail order shall not be given effect to.

(Satyavrat Verma, J) amit/- U T