Patna High CourtCR. MISC./50408/2016bail granted

Subhash Sahani @ Subash Sahni v. The State Of Bihar

2017-01-31Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50408 of 2016 Arising Out of PS.Case No. -404 Year- 2014 Thana -HARSIDHI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Subhash Sahani @ Subash Sahni son of Hari Sahani, Resident of VillageGhogharaha, Tola- Bairiya, Police Station- Harsidhi, District- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Madhurendra Kumar For the Opposite Party/s : Mr. Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 31-01-2017 The petitioner is in custody since 5.9.2016 in connection with Harsidhi P.S. Case No. 404 of 2014, registered for offences punishable under Section 366(A)/34 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that in the F.I.R. it is alleged that accused Chhote Lal Sahani along with the petitioner have kidnapped the victim girl but the statement of the victim girl was recorded under 164 of the Cr.P.C. in which she has stated that the petitioner and Chhote Lal Sahani kidnapped her and subsequently, she married with Chhote Lal Sahani and now they are living as husband and wife. Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.50408 of 2016 (5) dt.31-01-2017 2/2 Having heard the learned counsel for both sides and considering the submissions, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari, in connection with Harsidhi P.S.Case No. 404 of 2014, with following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move the cancellation of his bail. (Vinod Kumar Sinha, J) A.I./- U