Bipendra Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49117 of 2022 Arising Out of PS. Case No.-228 Year-2021 Thana- BASANTPUR District- Siwan ====================================================== BIPENDRA SAHNI Son of Gyani Sahni Resident of Village - Rajapur Mallahi Tola, P.S.- Basantpur, District - Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramchandra Sahni, Advocate For the Opposite Party/s :

Mr. Md. Iftekhar Mahmood, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 09-12-2022 The matter has been listed today for consideration through Video Conferencing.

Learned counsel for the petitioner is permitted to remove the defect/(s), as pointed out by office, if any, within a period of four weeks from today.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Basantpur P.S. Case No. 228/2021 for the offence punishable under Sections 341/323/363/366 (A)/504/506/34 of I.P.C. The petitioner is alleged to have kidnapped one Kajal Kumari, daughter of the informant for the purpose of marriage.

Learned counsel for the petitioner submits that in

Patna High Court CR. MISC. No.49117 of 2022(2) dt.09-12-2022 2/2 her statement under Section 164 Cr.P.C. the victim girl has denied her kidnapping and she has clearly stated that she had gone with the petitioner with her own will. It is further submitted that the victim girl is major as her age was assessed between 20-22 years in medical report and as such no case under Section 366 (A) is made out against the petitioner. Petitioner is in custody since 24.05.2022 and he has no criminal antecedent.

Learned A.P.P. opposed the bail of the petition. Considering the aforesaid facts and circumstances of the case, 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 Chief Judicial Magistrate, Siwan in connection with Basantpur P.S. Case No. 228/2021.

(Sunil Dutta Mishra, J) kamlesh/- U T