Ram Kumar Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53624 of 2023 Arising Out of PS. Case No.-106 Year-2023 Thana- RAJEPUR District- East Champaran ====================================================== Ram Kumar Sahani S/O Ram Bilas Sahni R/O Village- Mahamadpur Majhauliya, P.S- Rajepura, Distt.- East Champaran At Motihari. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 363 and 366 of the Indian Penal Code.

3. Allegation against the petitioner is that he abducted the wife of the informant and his five years old daughter and made obscene video of the informant's wife and by threatening her to make the video viral, he established physical relationship with her and when she refused later on to establish physical relation then he made her video viral.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. There is delay of 10 days in lodging the FIR without any explanation. It is further submitted

Patna High Court CR. MISC. No.53624 of 2023(3) dt.31-10-2023 2/2 that victim is matured and married lady and aged about 35 years as per her deposition. As per the statement of the victim recorded under Section 164 of the Cr.P.C. in which she has not said about her abduction rather she stated that she went out of her own sweet will to her maternal uncle. It seems consensual relation between both of them. A statement has been in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 15.05.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Rajepur P.S. Case No. 106 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Sadar Motihari, East Champaran. (Sunil Kumar Panwar, J) Shubham/- U T