Rakesh Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8928 of 2018 Arising Out of PS. Case No.-336 Year-2017 Thana- TAJPUR District- Samastipur ====================================================== Rakesh Sahni, Son of Dharmdev Sahni, Resident of Village Azizpur Chande, P.S. Patepur, District Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Dilip Kumar Roy, Advocate For the State :
Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 15-02-2018 Heard learned counsel for the petitioner and the learned APP for the State.
Petitioner, already in custody, seeks bail in connection with Tajpur P.S. Case No.336 of 2017, giving rise to Trial No.49 of 2017, registered under Sections 147, 148, 149, 307, 323, 365, 363 and 120(B) of the Indian Penal Code as well as under Section 4 of the POCSO Act.
Allegation in brief is that a dozen person forcibly kidnapped the informant's daughter. However, two accused persons were apprehended by the local people who disclosed the name of other participants.
Learned counsel for the petitioner submits that the victim was recovered and her statement recorded under Section 164 Cr.P.C. reveals that it was Hemant Kumar, who wanted to marry
Patna High Court Cr.Misc. No.8928 of 2018(2) dt.15-02-2018 2/2 her, forcibly kidnapped her along with others and she has not named the petitioner, nor put on TIP and only material against the petitioner is disclosure of his name by two apprehended persons at the spot Sanoj Sahni and Anchal Sahni. However, the petitioner has no criminal antecedent and is in custody since 19.10.2017 and charge-sheet has been submitted in this case. Having considered the said facts and circumstances, petitioner Rakesh Sahni is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge, Samastipur in connection with Tajpur P.S. Case No.336 of 2017 (Trial No.49 of 2017). (Arun Kumar, J) S.KUMAR/- U T