Tufani Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41800 of 2019 Arising Out of PS. Case No.-336 Year-2017 Thana- TAJPUR District- Samastipur ====================================================== Tufani Sahni Son of Dhanraj Sahni Resident of Village-Marnai, Police Station-Patepur, District-Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Singh For the Opposite Party/s :

Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Section 4 of the POCSO Act and Sections 120B, 147, 148, 149, 307, 323, 365, 363 of the Indian Penal Code.

The prosecution case in short is that the accused persons having armed with different weapons, forcibly entered house of the informant and kidnapped the daughter of the informant. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 14-02-2019. Charge sheet has already been submitted. The victim has been recovered and her statement under Section-164 Cr.P.C. has been recorded. In her

Patna High Court CR. MISC. No.41800 of 2019(2) dt.08-07-2019 2/2 statement, she has not named the petitioner. She has levelled allegation against co-accused Hemant Kumar who had kidnapped her with an intention to marry her. The other coaccused with similar allegation have been granted bail vide Annexure-2 series to the application.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-Ist-cum-Special Judge, POCSO Act, Samastipur in connection with Tajpur P.S. Case No. 336 of 2017.

(Sudhir Singh, J) A.K.V.//- U T