Jagarnath Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.562 of 2025 Arising Out of PS. Case No.-137 Year-2024 Thana- PATEPUR District- Vaishali ====================================================== 1.

Jagarnath Sahni Son of Devendra Sahni Resident of Village- Raepur, Ward No. 2, P.S.- Ujiarpur, District- Samastipur.

2.

Ranjita Devi @ Sanjita Devi @ Sanjit Devi Wife of Jagarnath Sahni Resident of Village- Raepur, Ward No. 2, P.S.- Ujiarpur, DistrictSamastipur. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Harekishun Sahni Son of Nathuni Sahni Resident of Village - Neerpur, P.S. - Patepur, District - Vaishali ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Satya Prakash Sinha For the Opposite Party/s :

Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-02-2025

1. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Patepur Police Station Case No. 137 of 2024, dated 16.05.2024, disclosing offences punishable under Sections 363/366-A of the Indian Penal Code and Section 17 of the Prevention of Children from Sexual Offences Act, 2012.

3. The prosecution case, as per the First Information Report, is that on 14.05.2024, in the afternoon, the daughter of the informant, aged about 171⁄2 years, went to attend

Patna High Court CR. MISC. No.562 of 2025(2) dt.11-02-2025 2/3 coaching, but she did not return. During course of search, the informant came to know that the petitioners, along with their son, co-accused Aman Kumar, had kidnapped her daughter for the purpose of marriage.

4. Learned Counsel for the petitioners submits that the petitioners are the parents of co-accused Aman Kumar. He further submits that the victim girl was having love relationship with the son of the petitioners, co-accused Aman Kumar, and they have performed marriage. The victim girl, in her statement recorded under Section 164 of the Code of Criminal Procedure, 1973, has stated that she is aged about 19 years and she voluntarily went with co-accused Aman Kumar and solemnized marriage with him and living with him as husband and wife.

5. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the nature of allegation against the petitioners, who are parents of coaccused Aman Kumar, with whom the victim girl has allegedly performed marriage, I am inclined to grant the petitioners privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioners, above named, in the event of their

Patna High Court CR. MISC. No.562 of 2025(2) dt.11-02-2025 3/3 arrest or surrender before the Court below within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned 6th Additional Sessions Judge -cum- Special Judge, POCSO, Vaishali, at Hajipur, in connection with Patepur Police Station Case No. 137 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √