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Patna High CourtCR. MISC./70861/2021rejected

Rajendra Sahani v. The State Of Bihar

2022-09-26Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70861 of 2021 Arising Out of PS. Case No.-464 Year-2021 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== 1.

Rajendra Sahani Son Of Janak Sahani Resident Of Village- Pursatpur Bairiya, P.S- Muffasil Dist- East Champaran 2.

Chandan Sahani Son Of Rajendra Sahani Resident Of Village- Pursatpur Bairiya, P.S- Muffasil Dist- East Champaran 3.

Chandeshwar Sahani Son Of Rajendra Sahani Resident Of VillagePursatpur Bairiya, P.S- Muffasil Dist- East Champaran 4.

Kundan Sahani Son Of Rajendra Sahani Resident Of Village- Pursatpur Bairiya, P.S- Muffasil Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhannjay Kumar No 2, Advocate For the Opposite Party/s :

Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-09-2022 Heard learned counsel for the petitioners and learned APP for the State and perused the case diary. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 366(B), 323, 367 and 368 of the Indian Penal Code.

It is a case of abduction of the minor daughter of the informant by the accused persons including the petitioners. It is submitted by learned counsel for the petitioners that the petitioners have falsely been implicated in this case. He further submits that there is no allegation of abduction of the

Patna High Court CR. MISC. No.70861 of 2021(3) dt.26-09-2022 2/2 minor daughter of the informant against the petitioners. Learned APP appearing for the State opposed the anticipatory bail and submitted that the victim was recovered and her statement was recorded under Section 164 of the Cr.P.c. as mentioned in para-51 of the case diary stating therein about the complicity of the petitioners namely, Chandeshwar Sahani, Chandan Sahani, Rajendra Sahani and Kundan Sahani who had taken her away and thereafter, petitioner, namely, Chandeshwar Sahani outraged her modesty.

After considering the facts and circumstances of the case and the gravity of the offence, I am not inclined to grant anticipatory bail to the petitioners.

Prayer for anticipatory bail of the petitioners is hereby rejected.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U T