Patna High CourtCR. MISC./69183/2024bail granted

Sunil Sahani v. The State Of Bihar

2025-02-18Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69183 of 2024 Arising Out of PS. Case No.-250 Year-2024 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Sunil Sahani S/o Harikishun Sahani R/o Village- Naika Tola Bardaha, P.S.- Mufassil, District- East Champaran ... ... Petitioner/s

Versus

The State of Bihar Bihar 2.

Rehana Khatoon Wife of Akhlaque Khan R/o Village- Nika Tola Brdaha, P.S.- Fufassil, District- East Champaran ... ... Opposite Party/s ====================================================== For the Petitioner/s :

Mr.Asif Kalim, Adv.

For the Opposite Party/s :

Mr.Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-02-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Muffasil P.S. Case No. 250 of 2024 dated 26.05.2024 registered for the offences punishable u/ss 366A of the Indian Penal Code and Section 8 and 12 of the POCSO Act.

3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have kidnapped the minor daughter of the informant for the purpose of marriage. It is further alleged that the informant and her husband went to the house of the petitioner then they were assaulted by the accused persons and also threatened them of dire consequences.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.69183 of 2024(4) dt.18-02-2025 2/2 case. There was love affair between the victim and the petitioner. It is further submitted that the victim in her statement recorded u/s 164 of Cr.P.C. has stated that she went to Assam with the petitioner on her own sweet will and started living there with the petitioner. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged offence. The petitioner has one criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 28.06.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, East Champaran, Motihari in connection with Muffasil P.S. Case No. 250 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T