Shatrughna Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73782 of 2022 Arising Out of PS. Case No.-195 Year-2022 Thana- MOTIPUR District- Muzaffarpur ====================================================== Shatrughna Sahani Son Of Krishna Sahani @ Kishan Sahani R/O VillageHarpur Juneda, P.S.- Motipur, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prabhakar Singh For the Opposite Party/s :

Mr. Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 363, 366(A)/34 of the Indian Penal Code.

As per allegation in the FIR, it is alleged that the petitioner along with co-accused persons kidnapped the daughter of the informant and took her to Delhi. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to previous enmity. The victim girl was recovered and her statement has been recorded under section 164 of Cr.P.C. which is annexed with Case diary, wherein, she did not support the prosecution version and stated

Patna High Court CR. MISC. No.73782 of 2022(4) dt.15-05-2023 2/2 that she went from home with one Rahul Kumar and solemnized marriage with him in a temple of Muzaffarpur. She did not whisper any complicity of the petitioner in the alleged offence. It is further submitted that the FIR has been lodged in delay of nine days. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. Moreover, the petitioner is languishing in judicial custody since 16.5.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Motipur P.S. Case No. 195 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IInd, Muzaffarpur. (Sunil Kumar Panwar, J) Amandeep/- U T