Ratan Sahani @ Kailash Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7278 of 2021 Arising Out of PS. Case No.-247 Year-2020 Thana- SARAI District- Vaishali ====================================================== 1.

Ratan Sahani @ Kailash Sahani Son Of Kailash Sahani R/O Vill.- Paura, Madan Singh, P.S.- Sarai, Distt.- Vaishali 2.

Prabha Devi Wife Of Ratan Sahani R/O Vill.- Paura, Madan Singh, P.S.- Sarai, Distt.- Vaishali ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mrs.Kanchan Kumari, Advocate For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-03-2021 Heard learned counsel for the petitioners and learned APP for the State through virtual mode.

Counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

Counsel for the petitioners seeks permission to withdraw the present application with regard to petitioner No.1 as the petitioner No.1 has been taken into judicial custody. Permission is accorded.

The application with regard to petitioner No.1 is dismissed as withdrawn.

The petitioner No.2 is apprehending her arrest in a case

Patna High Court CR. MISC. No.7278 of 2021(2) dt.12-03-2021 2/3 registered under Sections 363, 366(a) and 34 of the Indian Penal Code.

Allegation is that the accused persons abducted the daughter of the informant.

It has been submitted on behalf of the petitioner No.2 that the petitioner No.2 has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner No.2. The petitioner No.2 has falsely been implicated in the present case. The petitioner No.2 is a lady. The main allegation is against the co-accsued Suraj Sahani. The petitioner No.2 has been made accused in the present case only for the reason that she happens to be the mother of said co-accused Suraj Sahani. The victim girl has already been recovered. On behalf of the State, it is submitted that the petitioner No.2 is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner No.2, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Court, POCSO-cum-A.D.J. VI, Vaishali at Hajipur in connection

Patna High Court CR. MISC. No.7278 of 2021(2) dt.12-03-2021 3/3 with Sarai P.S. case No.247 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T