IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.39744 of 2010
1. BHANU SAHANI S/o Late Narayan Sahani
2. Ratan Sahani s/o Bhanu Sahani
Both residents of village- Majhariya, P.S. Pipra, District-
East Champaran ----------------- Petitioners
Versus
THE STATE OF BIHAR
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02 13-12-2010 Heard Sri Kishore Kumar Sinha, learned counsel, who
was assistant by Sri Anil Kumar Tiwary , learned counsel for the
petitioners and Sri Ram Priya Sharan Singh, learned Addl. Public
Prosecutor for the State.
Two petitioners, who are father and brother of the main
accused, namely, Tuntun Sahani, are in custody in connection with
Pipra Kothi P.S. Case No.73 of 2010 for the offences under
Sections 363 and 366(A)/34 of the Indian Penal , have prayed for
grant of bail.
It has been alleged in the F.I.R. that the daughter of the
informant was abducted by son of petitioner no.1, namely, Tuntun
Sahani. However, the F.I.R. was lodged against three accused
persons, which include both the petitioners and brother of petitioner
no.2, namely, Tuntun Sahani. It was alleged that for the purpose of
marriage, accused Tuntun Sahani had kidnapped / abducted the
daughter of the informant. It was submitted that during the Medical
examination, age of the victim girl was found in between 17 and 18
years. It was further submitted that accused Tuntun Sahani and
daughter of the informant were in love and due to that reason, she
had voluntarily gone along with accused Tuntun Sahni. However,
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the F.I.R. was lodged two days after the daughter of the informant
was alleged to have been kidnapped. It was submitted that
petitioner no.1, the father of the main accused and petitioner no.2
who is brother of the main accused, have committed no offence. It
was further submitted that they have been made accused in the
present case as they are closely related to the main accused.
Sri Ram Priya Sharan Singh, learned Addl.Public
Prosecutor appearing on behalf of the State has vehemently
opposed the prayer for bail. It was submitted that in the statement
of victim girl recorded under Section 164 of the Code of Criminal
Procedure, the names of the petitioners had surfaced.
Be that as it may, in view of the fact that the main
accused, namely, Tuntun Sahani had kidnapped /abducted the
daughter of the informant for the purpose of marriage, let the
petitioners above named be released on bail on furnishing bail bond
of Rs.10, 000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned Chief Judicial
Magistrate, East Champaran at Motihari in connection with Pipra
Kothi P.S. Case No.73 of 2010.
NKS/- ( Rakesh Kumar, J.)