Sunil Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36362 of 2020 Arising Out of PS. Case No.-416 Year-2019 Thana- NAANPUR District- Sitamarhi ====================================================== Sunil Sahni, aged about 24 years (Male), son of Late Jagdish Sahni, R/o village- Mohini, P.s.- Nanpur, District- Sitamarhi. ... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

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

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 05-03-2021 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking regular bail in connection with Nanpur P.S. Case No. 416 of 2019, registered for the offence under Sections 363 & 366-A of the Indian Penal Code.

Allegation has been made against the petitioner to have kidnapped the victim girl. However, the statement of the victim-girl recorded under Section 164 of the Cr.P.C. shows that the petitioner and victim were in talking terms and the petitioner asked her to go along with him and also said that he will adopt her religion. Thereafter, the victim stopped to talk with the petitioner. It has been alleged by the victim that the petitioner and two other persons came to her house and took her to Delhi, where she remained with the petitioner for two months.

Patna High Court CR. MISC. No.36362 of 2020(3) dt.05-03-2021 2/2 Thereafter, the victim had shown her intention to go to her parents' house and whereafter, the petitioner brought her to her parents' house. She also alleged that her mother wanted that she should stay with the petitioner but, the petitioner refused to keep her.

Learned counsel for the petitioner submits that the victim had voluntarily gone with the petitioner and there was no pressure upon her. He further submits that the petitioner is in custody since 31.12.2019.

Looking to the period of custody, let the petitioner, above-named, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Pupri at Sitamarhi, in connection with Nanpur P.S. Case No.416 of 2019, subject to the condition that the petitioner would cooperate in the proceeding of the court below. In the event of failure to appear on two consecutive dates, the court below will be at liberty to pass appropriate order including cancellation of bail bonds of the petitioner.

(Shivaji Pandey, J) pawan/- U T