Lalbabu Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61490 of 2024 Arising Out of PS. Case No.-12 Year-2024 Thana- HIRAMMA P.S. District- Sheohar ====================================================== 1.

Lalbabu Sahni son of Late Chulhai Sahni Village - Rewasi, P. S - Hiramma, District - Sheohar 2.

Jahurani Devi @ Sita Devi Wife of Lalbabu sahni Village - Rewasi, P. S - Hiramma, District - Sheohar ... ... Petitioner/s

Versus

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

For the Petitioners :

Mr. Devendra Kumar, Advocate For the State :

Ms. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-09-2024 Heard learned counsels for the parties.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 363, 366A and 34 of the Indian Penal Code.

3. As per prosecution case, it is alleged that these petitioners, along with other accused person named in the F.I.R., kidnapped the minor daughter of informant.

4. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are innocent and have committed no offence. As a matter of fact, the victim in her statement recorded under Section 164 of the Cr.P.C. has denied

Patna High Court CR. MISC. No.61490 of 2024(2) dt.27-09-2024 2/3 the prosecution case and has categorically stated that when her mother had gone to market, she went to the house of her Nani and no one has kidnapped her. Similarly situated co-accused person, namely Rani Devi, has already been granted the privilege of anticipatory bail by this Hon'ble Court vide order dated 13.05.2024 passed in Cr. Misc. No. 27939 of 2024. Petitioners claim clean antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners.

6. Considering the aforesaid facts and circumstances, statement of victim recorded under Section 164 of the Cr.P.C., claim based on parity and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed.

7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sheohar, in connection with Hiramma P.S. Case No. 12 of 2024, subject to condition as laid down under Section

Patna High Court CR. MISC. No.61490 of 2024(2) dt.27-09-2024 3/3 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) shashank/- U T