Rahul Sahni @ Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56171 of 2022 Arising Out of PS. Case No.-53 Year-2022 Thana- JURAWANPUR District- Vaishali ====================================================== Rahul Sahni @ Rahul Kumar S/O Triveni Sahni Resident of village- Lawapur Narayan, P.S- Mahnar, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Prasad Singh, Sr. advocate Mr. Bhaskar Shankar, Advocate For the Opposite Party/s :

Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 24-02-2023 Heard Mr. Krishna Prasad Singh, learned Senior counsel for the petitioner and learned APP for the State. Petitioner seeks bail in a case registered for the offences punishable under Sections 366(A)/34 of the Indian Penal Code .

The prosecution case, in short, is that the accused persons including the petitioner are alleged to have kidnapped the minor daughter of the informant for the purpose of marriage. Learned Senior counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. He further submits that the victim girl was recovered and her statement was recorded under Section 164 of the Cr. P.C. in which she has categorically stated that she fled

Patna High Court CR. MISC. No.56171 of 2022(2) dt.24-02-2023 2/3 away from her house on her own will and no one had abducted her. He further submits that on the basis of the investigation, police has submitted final form in favour of the petitioner but the learned Court below differing with the same took cognizance against the petitioner and the petitioner is in custody since 04.07.2022.

Learned APP for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries one more case other than the present one.

Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Jurawanpur P.S. Case No. 53 of 2022, with the following conditions :-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the

Patna High Court CR. MISC. No.56171 of 2022(2) dt.24-02-2023 3/3 witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T