Vinod Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61086 of 2024 Arising Out of PS. Case No.-480 Year-2023 Thana- BOCHAHAN District- Muzaffarpur ====================================================== Vinod Sahni Son of Jagannath Sahni R/o Village- Sarawanichak, P.S.- Bochahan, District- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Alok Kumar Alok, Advocate For the Opposite Party/s :
Mr.Satyendra Narayan Singh, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 04-12-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Bochahan P.S. Case No. 480 of 2023 lodged on 16.09.2023 under Sections 363, 366A/34 of the Indian Penal Code.
3. As per the prosecution case, the F.I.R. has been lodged against four named accused persons including the present petitioner on suspicion to the effect that all the accused persons have forcefully kidnapped the daughter of the informant and there was no trace of the victim.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The antecedent of the petitioner is clean and on earlier occasions the case diary as well as the statement under Section 164 of the Cr.
Patna High Court CR. MISC. No.61086 of 2024(4) dt.04-12-2024 2/3 P.C. has been called for. Learned counsel further submits that after recovery, the victim got her statement recorded under Section 164 of the Cr. P.C. in which she has stated that one Nandan and another Vijay had kidnapped her. It has also come that the accused who kidnapped her was talking with his father Binod Sahni about selling the victim. He further submits that the said Binod Sahni who is the father of the kidnapper is different from the petitioner Binod Sahni. The petitioner is in custody since 21.06.2024.
5. Learned A.P.P. for the State opposes the prayer for bail and upon going through the case diary submits that in the case diary it has specifically come at paragraph 8 and 9 that the accused namely, Nandan Kumar whose name has been disclosed by the victim in her statement recorded under Section 164 of the Cr. P.C. is the son of Binod Sahni whereas the present Binod Sahni is the accused whose name has not been disclosed by the victim in 164 Cr. P.C. statement.
6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned ACJM XIV, Muzaffarpur
Patna High Court CR. MISC. No.61086 of 2024(4) dt.04-12-2024 3/3 (East) in connection with Bochahan P.S. Case No. 480 of 2023, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure.
(Dr. Anshuman, J) Ashwini/- U T