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Patna High CourtCR. MISC./71579/2023bail granted

Shyam Kumar @ Shyam Sahni v. The State Of Bihar

2023-11-09Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71579 of 2023 Arising Out of PS. Case No.-227 Year-2017 Thana- BAJPATTI District- Sitamarhi ====================================================== 1.

SHYAM KUMAR @ SHYAM SAHNI SON OF VIJAY SAHNI R/O VILLAAGE - RUDAULI, POLICE .STATION. BAJPATTI, DISTRICT. - SITAMARHI 2.

SAMTOLA KUMARI DAUGHTER OF AKLU SAHNI RESIDENT OF THE VILLAGE - RUDAULI, POLICE .STATION. BAJPATTI, DISTRICT. - SITAMARHI 3.

SUNITA DEVI WIFE OF AKLU SAHNI RESIDENT OF THE VILLAGE - RUDAULI, POLICE .STATION. BAJPATTI, DISTRICT. - SITAMARHI ... ... PETITIONER/S

VERSUS

THE STATE OF BIHAR ... ... OPPOSITE PARTY/S ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Jha, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar , Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-11-2023 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 363 , 366A , 506 and 34 of the Indian Penal Code.

3. Petitioners are alleged to have kidnapped the

Patna High Court CR. MISC. No.71579 of 2023(2) dt.09-11-2023 2/3 minor daughter of the informant for the purpose of marriage.

4. It is submitted on behalf of the petitioners that petitioner No. 1 is named in the FIR and Petitioner Nos. 2 and 3 are not named in the FIR. It is further submitted that as a matter of fact, there was love affair between the victim and co-accused Badal Paswan and during course of investigation it has come that both the victim and coaccused Badal Paswan have already married and living together and enjoying their matrimonial life and victim is major, and her age is about 20 years. So far as these petitioners are concerned, they are not connected in any way with the alleged occurrence . Petitioners claim clean antecedent.

5. Learned counsel for the State oppose the bail petition.

6 Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioners, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like

Patna High Court CR. MISC. No.71579 of 2023(2) dt.09-11-2023 3/3 amount each to the satisfaction of the SDJM, Pupri at Sitamarhi in connection with Bajpatti P.S. Case No. 227 of 2017 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Koushik/- U T