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Patna High CourtCR. MISC./2620/2020bail granted

Prakash Sharma @ Chhotu Sharma v. The State Of Bihar

2021-03-23Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2620 of 2020 Arising Out of PS. Case No.-205 Year-2019 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== PRAKASH SHARMA @ CHHOTU SHARMA S/o Shiv Dayal Sharma R/o village- Dumariya, P.S.- Sasaram (M), District- Rohtas ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ramchandra Singh, Adv.

For the Opposite Party/s :

Mr. Umesh Lal Verma,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 23-03-2021 Heard learned counsel for the petitioner and learned APP for the State, through video conferencing. The petitioner has filed the instant application for grant of anticipatory bail apprehending his arrest in connection with Sasaram (M) P.S. Case no. 205 of 2019, registered under section 366A of the Indian Penal Code.

As per allegation in the FIR, the petitioner alongwith other accused persons are stated to have taken the minor daughter of the informant with wrong intentions. It is submitted by learned counsel for the petitioner that the allegations as levelled in the FIR are false and incorrect. The daughter of the informant returned home and her statement was recorded under section 164 Cr.P.C. from which it would transpire that she had not accompanied the petitioner. In fact she

Patna High Court CR. MISC. No.2620 of 2020(3) dt.23-03-2021 2/2 has visited her relatives' places as she has narrated in her statement. The petitioner has no criminal antecedent. Having heard learned counsel for the parties and taking into consideration the fact that the daughter of the informant has returned and the contents of her statement under section 164 Cr.P.C., this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of six weeks from today and in the event of his arrest or surrender in connection with Sasaram (M) P.S. Case no. 205 of 2019, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- ( Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Sasaram, Rohtas subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Partha Sarthy, J) sushma/- U T