In an application for anticipatory bail in PS Case No. 189 of 2015, the High Court granted bail to the petitioner subject to furnishing a bond with sureties and surrendering within six weeks under Section 438 CrPC.
Anticipatory bail granted to be released upon surrender within six weeks, subject to furnishing bail bond with two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.57423 of 2019
Arising Out of PS. Case No.-189 Year-2015 Thana- JALE District- Darbhanga
====================================================== SUBHASH SAHNI Son of Satto Sahni Resident of Village - Malikpur, P.S.Jalley, District - Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Iqbal Asif Niazi For the Opposite Party/s : Mr.Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER
3 27-11-2019 Heard the learned counsel for the petitioner and the
learned A.P.P. for the State.
This is an application for grant of anticipatory bail in connection with Jalley PS case no. 189 of 2015 registered for the offences punishable under Sections 363, 366-A, 379/37 of Indian Penal Code and 4, 8, 10 and 12 of POCSO Act.
The allegation is regarding the accused persons having kidnapped the minor daughter and niece of the informant, however, subsequently, they are said to have returned back and in their statement under Section 164 Cr.P.C., no untoward incident is said to have been alleged against the petitioner herein, however it was stated by the daughter of the informant that she was having love affairs with co-accused namely Pramod Sahni.
Patna High Court CR. MISC. No.57423 of 2019(3) dt.27-11-2019 2/2
The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and as far as Pramod Sahni is concerned, he has already been granted bail by a co-ordinate Bench of this Court vide order dated 29.06.2016 passed in Cr. Misc. no. 12257 of 2016.
Having regard to the facts and circumstance of the case, I deem it fit and appropriate to admit the petitioner to the privilege of anticipatory bail. Accordingly, the abovenamed petitioner, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge-cumSpecial Judge (POCSO Act), Darbhanga in connection with Jalley PS case no. 189 of 2015 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure.
(Mohit Kumar Shah, J)
rinkee/-
U T
1 issue framed by the court
Whether the petitioner is eligible for anticipatory bail in a case involving kidnapping and POCSO charges.
1 provisions across 1 enactments
Subash Sahni
The State of Bihar
Mohit Kumar Shah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
