Shivjee Sahani @ Shivji Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75755 of 2019 Arising Out of PS. Case No.-164 Year-2018 Thana- SONBERSA District- Sitamarhi ====================================================== Shivjee Sahani @ Shivji Sahni aged about 33 years ( Male ) S/O Chhotkan Sahni , Resident of Village- Khushnagari, P.S.- Sonbarsa, District- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mazharul Hassan For the Opposite Party/s :

Mr.Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 27-11-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner seeks regular bail in connection with Sonbarsa P.S. Case No. 164 of 2018, registered for the offence under Section 363, 366, 306, 511, 34 of the Indian Penal Code. The allegation against the petitioner is that petitioner along with other accused persons kidnapped the daughter of the informant and the daughter of the informant subsequently was recovered from the house of one Chhotkan Sahni and due to mental depression of kidnapping, the daughter of the informant committed suicide by setting herself on fire. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case inasmuch as from perusal of the First Information Report it would be evident

Patna High Court CR. MISC. No.75755 of 2019(2) dt.27-11-2019 2/2 that no overt act has been alleged against the petitioner and petitioner has merely been named along with other accused persons. Learned counsel further submits that Sasural of the petitioner is in the village of the deceased. Learned counsel also submits that petitioner is in custody since 19.08.2019. After having heard learned counsel for the parties and taking into consideration the fact that deceased committed suicide, no overt act has been alleged against the petitioner and petitioner is in custody since 19.08.2019, I am inclined to enlarge the petitioner on regular bail.

Accordingly, let the petitioner Shivjee Sahani @ Shivji Sahni be enlarged on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Sitamarhi, District - Sitamarhi in connection with Sonbarsa P.S. Case No. 164 of 2018.

(Anil Kumar Sinha, J) praful/- U