Sunil Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.80765 of 2018 Arising Out of PS. Case No.-122 Year-2017 Thana- TARIYANI CHOWK District- Sheohar ====================================================== Sunil Sahni Son of Meghu Sahni Resident of Village - Rajadih, P.s.- Tariyani, District- Sheohar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hans Lal Kumar For the Opposite Party/s :

Mr.Sri Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 31-01-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Tariyani P.S. Case No. 122 of 2017 registered for the offence punishable under Section 366/34 of the Indian Penal Code.

Allegation against petitioner is that he alongwith other co-accused have kidnapped the wife of the informant. It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case due to land dispute between the parties. There is no specific allegation against petitioner rather there is general and omnibus allegation against petitioner. Statement of the victim recorded under Section 164 Cr.P.C. in which she has stated that she was not

Patna High Court Cr.Misc. No.80765 of 2018(3) dt.31-01-2019 2/2 taken away forcefully by the petitioner. Petitioner has no criminal antecedent and he is in custody since 11.10.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Sheohar, in connection with Tariyani P.S. Case No. 122 of 2017 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) veena/- U T