Dineshwar Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61724 of 2021 Arising Out of PS. Case No.-119 Year-2021 Thana- ADAPUR District- East Champaran ====================================================== DINESHWAR SAHANI S/o Late Ram Ashish Sahani R/o village- Chainpur (Dhagad Toli) Bairwa Tola, P.S.- Nakardai, Distt.- East Champaran ... ... Petitioner/s
Versus
THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dhannjay Kumar No 2 For the Opposite Party/s :
Mr.A.G.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-10-2022 Explanation submitted by the S.P., Motihari, East Champaran dated 3.8.2022 is accepted.
Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in a case registered for the offence punishable under sections 363/365 of the Indian Penal Code.
Prosecution case is that this petitioner and other accused persons named in the FIR are suspected to have kidnapped informant's son for the purpose of marriage. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. As a matter of fact, petitioner's daughter has been kidnapped by son of informant for which Adapur Police Station Case No. 120 of 2021 (Annexure 2) was lodged. However, to
Patna High Court CR. MISC. No.61724 of 2021(5) dt.17-10-2022 2/2 save skin, informant filed this false case implicating the petitioner. It is further submitted that there is delay of 23 days in lodging of the FIR and there is no plausible explanation of delay. Petitioner has got no criminal antecedent. Considering the aforesaid facts of the case, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within six weeks from today, let the petitioner mentioned above be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge I Motihari, East Champaran in Adapur Police Station Case No. 119 of 2021, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) shashi/- U T