Vinod Sahni v. The State Of Bihar
`IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.75911 of 2024 Arising Out of PS. Case No.-79 Year-2024 Thana- BEERPUR District- Begusarai ====================================================== 1.
Vinod Sahni S/o Ram Prit Sahni Resident of vill- Maheshpur, ward 03, P.SBhagwanpur, Distt. - Begusarai 2.
Nibha Devi W/o Shri Vinod Sahni Resident of vill- Maheshpur, ward 03, P.S- Bhagwanpur, Distt. - Begusarai ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr. Suresh Kumar, Advocate For the Opposite Party :
Mr. Braj Kishore Pd., A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 12-11-2024 Heard Learned Counsel for the petitioners and Learned APP for the State
2. The petitioners are apprehending their arrest in connection with Birpur P.S. Case No. 79 of 2024 corresponding to G.R. No. 1683 of 2024, lodged on 02.05.2024, under Sections 363 and 366 of the Indian Penal Code.
3. As per the prosecution, FIR has been lodged against four named accused persons including the present petitioners against whom there is an allegation that the petitioners along with other accused persons have kidnapped the wife and child of the informant.
4. Learned Counsel for the petitioners submits that the
Patna High Court CR. MISC. No.75911 of 2024(2) dt.12-11-2024 2/3 petitioners are innocent and have committed no offence. Counsel submits that from the content of the FIR, it becomes crystal clear that allegation of kidnapping is directly against one accused person, namely, Subhash Sahni but subsequently, in the second part, it has been alleged that involvement of the petitioners are also there. Counsel further submits that the criminal antecedent of the petitioners are clean and the only material against them is that they are father and mother of the co-accused, namely, Subhash Sahni with whom informant's wife and child fled away and due to this reason with a view to create pressure in this case, name of the petitioners have been inserted by the informant.
5. Learned APP for the State opposes the prayer for bail and submits that the Trial Court has rejected the bail application of the petitioners and statement under Sections 161 and 164 of the Cr.P.C. have come in this case.
6. As such, considering the aforesaid facts and circumstances, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) each with two sureties of the like amount each to the satisfaction of Judicial
Patna High Court CR. MISC. No.75911 of 2024(2) dt.12-11-2024 3/3 Magistrate 1st-cum-A.M., Begusarai, in connection with Birpur P.S. Case No. 79 of 2024 corresponding to G.R. No. 1683 of 2024, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Dr. Anshuman, J) Aman Kumar/- U T