Ajay Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68827 of 2019 Arising Out of PS. Case No.-30 Year-2019 Thana- MAJORGANJ District- Sitamarhi ====================================================== Ajay Sahani, Son of Fekan Sahani, Resident of Village - Janki Nagar, P.S.- Majorganj, District - Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 18-02-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Majorganj P.S. Case No. 30 of 2019, registered under Sections 363 and 366A/34 of the Indian Penal Code.

The accusation is that daughter of the informant, Sanjay Roy, aged about 14 years, had gone to attend the coaching in the morning of 12.02.2019 but she did not return. In course of search, informant came to know that his co-villager, Bhushan Sahni, Chandan Sahni, Ajay Sahni (petitioner), Nathuni Sahni and Chandeshwar Sahni have kidnapped his daughter.

Learned counsel for the petitioner submits that it

Patna High Court CR. MISC. No.68827 of 2019(3) dt.18-02-2020 2/2 would appear from the FIR that informant is not the eye witness of the occurrence rather informant has disclosed the name of five persons including the petitioner mere on suspicion. In course of investigation, witnesses, in paragraphs 31, 32 and 127 of the case diary, have clearly stated that since the daughter of the informant used to sit on grocery shop, where co-accused, Chandeshwar Sahni used to come and in that course, daughter of the informant fallen in love with Chandeshwar Sahni and both left the village but petitioner being the co-villager of Chandeshwar Sahni has falsely been implicated in the present case. It is further submitted that petitioner has no criminal antecedent and is in custody since 03.06.2019.

Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Sitamarhi, in connection with Majorganj P.S. Case No. 30 of 2019. Out of two sureties, one surety must be the close relative of the petitioner.