Chandeshwar Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79410 of 2019 Arising Out of PS. Case No.-30 Year-2019 Thana- MAJORGANJ District- Sitamarhi ====================================================== 1.

CHANDESHWAR SAHANI Son of Musahar Sahani Resident of Village - Madhopur Malinia, Janki Nagar - Tola, P.S.- Majorganj, District - Sitamarhi 2.

Nathuni Sahani @ Nathuni Sahany Son of Gagan Deb Sahani @ Gagan Deb Sahaney Resident of Village - Madhopur Malinia, Janki Nagar - Tola, P.S.- Majorganj, District - Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shankar Kumar For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-01-2020 Heard learned counsel for the parties.

The petitioners are apprehending their arrest in connection with Mejorganj P.S.Case No.30 of 2019 registered for offences punishable under Sections 363, 366(A)/34 of the Indian Penal Code.

There is allegation against the petitioner of kidnapping of the minor daughter of the informant against the petitioner and other accused persons.

Submission of the learned counsel for the petitioners is that petitioner no.1 is the father of Bhushan Sahni and the petitioner no.2 is the villager and no specific allegation has been attributed against them and as a matter of fact the girl has

Patna High Court CR. MISC. No.79410 of 2019(2) dt.20-01-2020 2/2 eloped with Bhushan Sahni as there was love affair between them.

Heard learned A.P.P. and the learned counsel for the informant, who has appeared suo motu stating that the girl is minor and still traceless..

Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to the petitioners, however, the petitioners are directed to surrender before the learned court below within a period of six weeks from the date of receipt of the order and make prayer for regular bail, and by that time if there is recovery of the victim girl, the learned court below shall consider her statement also while hearing prayer for bail of the petitioner.

With the aforesaid direction, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U