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Patna High CourtCR. MISC./61606/2022allowed

Laxman Kumar Sahni v. The State Of Bihar

2023-01-10Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61606 of 2022 Arising Out of PS. Case No.-20 Year-2021 Thana- HAYAGHAT District- Darbhanga ====================================================== LAXMAN KUMAR SAHNI Son of Dasrath Sahni Resident of Village - Inamat, P.S.- Hayaghat, District - Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Girish Chandra Jha For the Opposite Party/s :

Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 363, 366(A) and 34 of the Indian Penal Code and Sections 8 & 12 of the POCSO Act pending in the learned court below. As per the F.I.R., allegation against the petitioner is that petitioner along with his family member has kidnapped the victim girl.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that the statement of the victim was recorded under Section 164 Cr.P.C. in which she stated that she volutarily went Odisha by bus and married with the petitioner in

Patna High Court CR. MISC. No.61606 of 2022(2) dt.10-01-2023 2/2 a temple. He further submits that petitioner have got no criminal antecedent as stated in para-3 of the bail application. Learned APP for the State opposes for prayer for bail. Considering the aforesaid facts and circumstances of the case, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Hayaghat P.S. Case No.20/2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) ajay/- U T