Jhulan Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47772 of 2022 Arising Out of PS. Case No.-351 Year-2018 Thana- KANTI District- Muzaffarpur ====================================================== Jhulan Sahni Son Of Late Shivlal Sahni R/O Village- Kalwari Fatehpur, P.S.- Kanti, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gajendra Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 24-11-2022 Let the defect, if any, be removed within two weeks from today.

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

The petitioner seeks regular bail in connection with Kanti P.S. Case No. 351 of 2018 lodged under Sections 341, 323, 354, 366 (A) and 504/34 of the I.P.C.

As per the prosecution case, the specific allegation made in the F.I.R. is against 3 persons is that they reached at the house of the informant and assaulted them. It has been alleged that when the informant's daughter reached the above mentioned place, the said 3 accused persons kidnapped informant's daughter and threatened that they shall not return her daughter.

Learned counsel for the petitioner submits that petitioner has not been named in the F.I.R. He further submits that petitioner is in custody since 16.06.2022 having clean antecedent. He also submits that the alleged abducted daughter

Patna High Court CR. MISC. No.47772 of 2022(2) dt.24-11-2022 2/3 has been recovered. Learned counsel submits that in her statement under Section 164 of Cr.P.C. the victim has named the petitioner, but the said statement has not been annexed in annexure-2 in which she made the allegation against the petitioner, save and except that when she opened her eyes then he saw the petitioner also. Learned counsel submits that the present petitioner is the cousin brother of the petitioner and only due to this reason his name has figured in this case. Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate (West) in connection with Kanti P.S. Case No. 351 of 2018, subject to the conditions as laid down under Section 437(3) of Cr.P.C. With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ashishsingh/- U T

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