Raj Kumar Sahni vs The State Of Bihar
2021 Latest Caselaw 1649 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No. 32830 of 2020
     Arising Out of PS Case No.-44 Year-2019 Thana- SONBARSA District- Sitamarhi
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Raj Kumar Sahni, aged about 23 years, Male Son of Late Ram Ekbal Sahni, Resident of Village- Khushnagri, PS- Sonbarsa, District- Sitamarhi.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Uday Kumar, Advocate For the State : Mr. Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 23-03-2021

Heard Mr. Uday Kumar, learned counsel for the

petitioner and Mr. Lakshmi Kant Sharma, learned Additional

Public Prosecutor (hereinafter referred to as the 'APP') for the

State.

2. The petitioner apprehends arrest in connection with

Sonbarsa PS Case No. 44 of 2019 dated 07.02.2019, instituted

under Sections 363 and 366A/34 of the Indian Penal Code.

3. The allegation against the petitioner is that he, along

with others, had abducted the minor daughter of the informant.

4. Learned counsel for the petitioner submitted that he

has been falsely implicated in the case as no abduction took place.

It was submitted that no material has come against him to indicate Patna High Court CR. MISC. No.32830 of 2020 dt.23-03-2021

that he committed any wrong doing with the girl. Learned counsel

drew the attention of the Court to Annexure-2, which is copy of

the statement recorded before the Court by the girl under Section

164 of the Code of Criminal Procedure, 1973, in which she has

stated that because of beating by the mother, she had lost her mind

and has herself gone away and was not stolen (abducted). Learned

counsel submitted that the petitioner has no criminal antecedent

and has been falsely implicated.

5. Learned APP submitted that the girl was a minor and

that the petitioner had taken her away. However, he could not

controvert the statement of the girl which only states that she

herself had gone away and was not abducted.

6. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, in the

event of arrest or surrender before the Court below within six

weeks from today, the petitioner be released on bail upon

furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with

two sureties of the like amount each to the satisfaction of the

learned ACJM 4th Sitamarhi, District- Sitamarhi in Sonbarsa PS

Case No. 44 of 2019, subject to the conditions laid down in

Section 438(2) of the Code of Criminal Procedure, 1973 and

further, (i) that one of the bailors shall be a close relative of the Patna High Court CR. MISC. No.32830 of 2020 dt.23-03-2021

petitioner and (ii) the petitioner shall co-operate with the

police/prosecution and the Court. Failure to co-operate shall lead

to cancellation of his bail bonds.

7. It shall also be open for the prosecution to bring any

violation of the foregoing conditions of bail by the petitioner, to

the notice of the Court concerned, which shall take immediate

action on the same after giving opportunity of hearing to the

petitioner.

8. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T