Mahadev Sahani And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42127 of 2015 Arising Out of PS.Case No. -200 Year- 2015 Thana -SAKRA District- MUZAFFARPUR ======================================================

1. Mahadev Sahani S/o late Sukhdev Sahani

2. Ramanand Sahani

3. Bhagya Narayan Sahni, both son of Sri Mahadev Sahani and All resident of Village- Lakshmipur @Khattagachhi P.s Maniyari, District Muzaffarpur.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar, Advocate For the Opposite Party/s : Mr. Sanjay Kr. Sharma (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 13-10-2015 Heard the learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners, namely, Mahadev Sahani, Ramanand Sahani and Bhagya Narayan Sahni, who apprehend their arrest in Sakra P.S. Case No. 200 of 2015 under Sections 366A/34 of the Indian Penal Code.

The allegation according to First Information Report is that the daughter of the informant has been kidnapped by the son of petitioner no. 1, with intention to kill her.

The learned counsel for the petitioners submitted that in fact, there is love marriage between the son of petitioner no.1 and the daughter of the informant and the petitioners have been falsely implicated. The petitioners, who are the father

Patna High Court Cr.Misc. No.42127 of 2015 (2) dt.13-10-2015 and brothers of the son-in-law of the informant. On the other hand, learned A.P.P. opposes the prayer for bail.

According to prosecution case, the son of petitioner no. 1 Ravindra Kumar @ Saheb Kumar has kidnapped the daughter of the informant. The allegations against these petitioners are that they helped the petitioner's no. 1 son in kidnapping the daughter of the informant. The copies of the affidavits sworn by the girl and son of petitioner no.1 have been annexed to the bail application, which prima facie indicates that both of them have married.

Considering the above facts and circumstances, I direct the petitioners named above to surrender before the court below within six weeks from today and on their so surrendering, the court below is directed to release the petitioners on bail on furnishing bail bond of Rs. 5,000/- (Rupees five thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Muzaffarpur in connection with Sakra P.S. Case No. 200 of 2015, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Mungeshwar Sahoo, J) P.K./- U T