Kavindra Sahni @ Kavindra Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52846 of 2021 Arising Out of PS. Case No.-24 Year-2013 Thana- KARJA District- Muzaffarpur ====================================================== Kavindra Sahni @ Kavindra Sahani Son Of Late Asharfi Sahani R/O VillageGinjash, P.S.- Saraiyan, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Nandan For the Opposite Party/s :

Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-12-2021 Heard both parties.

The petitioner seeks bail in Karja P.S. Case No. 24 of 2013 corresponding to Sessions Trial No. 153 of 2020, registered for the offence punishable under Sections 363, 366(A) and 376 of the Indian Penal Code.

As per the FIR, this petitioner along with his family members kidnapped the daughter of informant.

It is submitted on behalf of the petitioner that petitioner and his family members have falsely been implicated in this case. The alleged occurrence took place on 04.02.2013, but the FIR was lodged on 11.02.2013 i.e. after lapse of six days for which there is no plausible explanation. It is further submitted that during trial out of 09 chargesheeted witnesses 03 witnesses have been examined including the informant Urmila

Patna High Court CR. MISC. No.52846 of 2021(2) dt.01-12-2021 2/2 Devi, brother of victim girl and victim girl and none of them have supported the prosecution case and denied the commission of rape. Petitioner claims clean antecedent and he is in custody since 21.07.2020.

In view of the deposition of victim girl Sunita Kumari (PW-3), the petitioner above-named, is directed to 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 learned Additional District & Sessions Judge I, Muzaffarpur in connection with Karja P.S. Case No. 24 of 2013 corresponding to Sessions Trial No. 153 of 2020. (Prabhat Kumar Singh, J) vinita/- U T