Tuntun Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3622 of 2019 Arising Out of PS. Case No.-63 Year-2018 Thana- MANIHARI District- Katihar ====================================================== Tuntun Sharma, Son of Late Hari Sharma Resident of Village- Dilarpur, P.S. Manihari, District- Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimal Kumar For the Opposite Party/s :

Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-03-2019 This application, for grant of anticipatory bail, arises out of Manihari P.S. Case No. 63 of 2018 disclosing offences under Sections 363, 366(A), 323, 504/34 of the Indian Penal Code.

Allegation against the petitioner and others is of kidnapping the minor daughter of the informant. Submission of learned counsel for the petitioners is that in the statement recorded under Section 161 Cr.P.C., the girl has not supported the allegation and several witnesses during course of investigation disclosed that the co-accused Amit Sharma and daughter of informant married with each other. However, the girl in her statement under Section 164 Cr.P.C. has named Tuntun Sharma and two persons of similar name is accused in the present case and the parentage has not

Patna High Court CR. MISC. No.3622 of 2019(3) dt.26-03-2019 2/2 been disclosed it the statement under Section 164 Cr.P.C. Furthermore, one of the co-accused Suresh Sharma, who is also named in the F.I.R. has already been granted the privilege of anticipatory bail by the court below itself.

Heard learned A.P.P. also.

Having heard both sides, considering the submission, as above, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate -1st Class, Katihar, in connection with Manihari P.S. Case No. 63 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) sunilkumar/- U T