Rajesh Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19137 of 2017 Arising Out of PS.Case No. -499 Year- 2015 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ====================================================== Rajesh Sharma Son of Sri Sahdeb Sharma, resident of village - Barari, P.S. Barari, District - Bhagalpur .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance:
For the Petitioner/s : Mr. Janki Nandan Prasad, Advocate. For the Opposite Party/s : Mr. Shyam Kr. Singh, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-05-2017 Heard both sides.
The petitioner seeks bail in Kotwali (Barari) P.S. Case No. 499 of 2015 registered under Section 366A of the Indian Penal Code.
The informant alleged that his daughter went to school on 13.08.2015 but she did not return. The informant enquired from the friends of his daughter but they did not disclose anything. The informant disclosed that the call was made from mobile nos. 9572641134 and 9122390975. Rajesh Sharma is the holder of the aforesaid mobile numbers. The informant suspected that Rajesh Sharma (petitioner) kidnapped his minor
Patna High Court Cr.Misc. No.19137 of 2017 (3) dt.18-05-2017 2/3 daughter.
Learned counsel for the petitioner submits that the victim made her statement under Section 164 of the Code of Criminal Procedure and she disclosed that the petitioner took her to Kolkata and the petitioner did not misbehave with her. An unknown lady brought her from Kolkata to Bhagalpur and dropped her. The victim herself went along with the petitioner, but later on she made allegation of kidnapping. While opposing the prayer for bail, the learned APP submitted that the doctor assessed the age of the victim between 14 to 16 years, but the informant himself disclosed the age of the victim to be 18 years. It appears that the informant made allegation of kidnapping against the petitioner, but the victim made her statement that the petitioner took her on four-wheeler along with two persons and thereafter the petitioner took her to Bengal on train. The victim disclosed her age to be 18 years. It appears that the victim did not raise any objection while she was moving along with the petitioner.
Considering the facts aforesaid and the fact that the petitioner is in jail since 09.09.2016 and he has remained in jail for more than nine months, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/-
Patna High Court Cr.Misc. No.19137 of 2017 (3) dt.18-05-2017 3/3 (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhagalpur in connection with Kotwali (Barari) P.S. Case No. 499 of 2015. (Prabhat Kumar Jha, J) Mishra/- U T