Patna High Court - Orders
Rita Devi & Ors vs The State Of Bihar on 13 February, 2017
Author: Rajendra Kumar Mishra
Bench: Rajendra Kumar Mishra
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47650 of 2016
Arising Out of PS.Case No. -64 Year- 2016 Thana -KATRA District- MUZAFFARPUR
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1. Rita Devi, wife of Bhajan Sahni.
2. Bhajan Sahni, son of Late Sidheshwar Sahni.
3. Jiya Sahani alias Jiyan Kr. Sahni @ Jiyan, son of Budheshwar Sahni.
4. Tinkey Sahni @ Tinki Sahani, D/o Laxmi Sahni.
All resident of village - Chandauli, P.S. - Katra, District - Muzaffarpur.
.... .... Petitioner/s
Versus
The State of Bihar
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.
For the Opposite Party/s : Mr.
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CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR
MISHRA
ORAL ORDER
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6 13-02-2017Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Katra P.S. Case No.64 of 2016 registered under Sections 366/34 of the Indian Penal Code.
The accusation is of kidnapping the daughter of the informant, whose marriage was performed before one month of the occurrence, on 10.08.2016 by the co-villagers of the informant, namely, Suresh Sahni, Jiyan Sahni (petitioner no.3) and Santosh Sahni. The informant also alleged that petitioner nos.1, 2 and 4 had also their hands in the kidnapping of his daughter.
Learned counsel appearing on behalf of the petitioners Patna High Court Cr.Misc. No.47650 of 2016 (6) dt.13-02-2017 2/2 submits that, in course of investigation, the statement of the daughter of the informant was recorded under Section 164 of the Code of Criminal Procedure, as detailed in paragraph-17 of the case diary, in which she has specifically about carrying her away by Santosh Sahni and Suresh Sahni and not by these petitioners. She has only stated about these petitioners therein that at that time of taking her away by Santosh Sahni and Suresh Sahni, the petitioners were also present there. That part has been stated by the daughter of the informant only due to pressure of her family members.
Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender by them within six weeks from today, be enlarged on bail on their furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Sri Sukun Kumar Manjhi, Judicial Magistrate, First Class, Muzaffarpur, in connection with Katra P.S. Case No.64 of 2016, subject to the conditions laid down under Section 438(2) Cr.P.C.
(Rajendra Kumar Mishra, J) P.S./-
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