Motilal Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78964 of 2023 Arising Out of PS. Case No.-421 Year-2022 Thana- SANGRAMPUR District- East Champaran ====================================================== Motilal Sahani S/O Binda Sahani R/O Village- Uttari Bariyariay, Ps. Sangrampur, Dist. East Champaran.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Tiwari For the Opposite Party/s :

Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 365, 370, 372 of the Indian Penal Code.

Prosecution case in nutshell is that when the informant went to matrimonial house of his sister, he could not find her there. When he inquired about her from the petitioner (husband of her sister), he did not gave satisfactory reply. It is further alleged that when

Patna High Court CR. MISC. No.78964 of 2023(3) dt.19-01-2024 2/3 the informant again went to her house, she was not found. From the villagers, informant came to know that his sister is trace less since one and half years. Informant raised a strong suspicion that petitioner along with co-accused person have abducted her sister. It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. It is further submitted that petitioner has solemnized marriage with the informant's sister in the year 1995 and since then she was living happily and there was no complaint of harassment and torture. Wife of the petitioner ie. informant's sister was under mental disorder and she was regularly consulting with the doctor. After missing of his wife, petitioner made his best to search her but she remained trace less. Moreover, the petitioner is languishing in judicial custody since 22.08.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Patna High Court CR. MISC. No.78964 of 2023(3) dt.19-01-2024 3/3 Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Sangrampur P.S. Case No. 421 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran, Motihari.

(Sunil Kumar Panwar, J) Nirajkrs/- U T