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Patna High CourtCR. MISC./116/2023allowed

Tej Narayan Sahani @ Tej Narayan Sahni @ Tej Narayan Kumar v. The State Of Bihar

2023-03-21Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.116 of 2023 Arising Out of PS. Case No.-134 Year-2021 Thana- BISFI District- Madhubani ====================================================== TEJ NARAYAN SAHANI @ TEJ NARAYAN SAHNI @ TEJ NARAYAN KUMAR S/O Shiv Narayan Sahni @ Shiv Narayan Sahani R/O VillageKhokhanahi, P.S- Bisfi, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abu Nasar For the Opposite Party/s :

Mr. Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 366(A)/34 of the Indian Penal Code pending in the learned court below. There is allegation against the petitioner is that he along with other co-accused persons is said to have kidnapped the daughter of the informant with intent to marry. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that there is general and omnibus allegation against the petitioner. He submits that there is inordinate delay of three days in the filing of the present FIR and there is no any explanation of it which creates serious doubt about the prosecution case. He further submits that the victim

Patna High Court CR. MISC. No.116 of 2023(2) dt.21-03-2023 2/2 girl left her house along with jewelry which indicates that she had left her house with the intention to not return her house. He submits that petitioner and the daughter of the informant has married to each other and the statement of the victim was recorded under Section 164 Cr.P.C. in which she has expressed her willing to stay with the petitioner. He further submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application.

Learned APP for the State opposes for prayer for bail. Considering the statement of the victim recorded under Section 164 Cr.P.C., let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Bisfi P.S. Case No.134/2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) ajay/- U T