Suresh Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48051 of 2019 Arising Out of PS. Case No.-139 Year-2019 Thana- KATRA District- Muzaffarpur ====================================================== Suresh Sahni, Son of Late Raj Nandan Sahni, Resident of Village-Kothiya, P.S.-Katra, District-Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anish Kumar For the Opposite Party/s :

Mr.Rajiv Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 376, 504 and 506/34 of the Indian Penal Code.

The prosecution case as per the written report of Surendra Sahni submitted to the Station House Officer of Katra Police Station is to the effect that the daughter of the informant aged about 19 years was married on 20.05.2019 with Shyam Sahni. On 31.05.2019 she was blessed with a male child. The daughter of the informant was forcefully reached to the informant's house. On enquiry, the daughter of the informant

Patna High Court CR. MISC. No.48051 of 2019(2) dt.01-08-2019 2/3 stated that co-accused Mandip Sahni, the son of the petitioner established physical relationship with her from before and when the informant made complaint then the petitioner and others abused the informant and the petitioner also admitted that his son has established physical relationship with the daughter of the informant with consent.

It is submitted by learned counsel for the petitioner that the thrust of accusation is against the son of the petitioner and in the statement recorded under Section 164 Cr.P.C. the victim has not named the petitioner. A statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP submits that the petitioner is named in the FIR.

Considering the thrust of accusation against the son of the petitioner and in the statement recorded under Section 164 Cr.P.C., the victim has not named the petitioner, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial

Patna High Court CR. MISC. No.48051 of 2019(2) dt.01-08-2019 3/3 Magistrate 14 -cum- Sub Judge, Muzaffarpur in connection with Katra P.S. Case No. 139 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) DKS/- U T