Anuj Kumar Sharma v. The State Of Bihar

Patna High Court Cr.Misc. No.39611 of 2015 (3) dt.30-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39611 of 2015 Arising Out of PS.Case No. -35 Year- 2015 Thana -BALRAMPUR District- KATIHAR ====================================================== Anuj Kumar Sharma S/o Suresh Sharma Resident of Village Narayanpur, Police Station Balia Belone, District Katihar. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Md. Rahmatullah, Advocate. For the Opposite Party : Mr. Nityanand Tiwary, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-10-2015 Heard the counsel for the petitioner and counsel for the State.

The petitioner is languishing in jail since 11.05.2015 in a case instituted under Sections 363 364 and 372/34 of the Indian Penal Code.

As per prosecution case, it is a case of abduction of a minor girl, namely, Gyatri Kumari @ Chumki Kumari by the accused persons.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 11.05.2015. Chargesheet has been submitted in the case. There is no allegation of tampering of evidence against the petitioner. Petitioner has got no criminal antecedent. It has been submitted that the petitioner and the victim

Patna High Court Cr.Misc. No.39611 of 2015 (3) dt.30-10-2015 was in love affair since last two years and from perusal of Annexure-2, it would appear that they were married at Shiv Mandir, Gorakhpur, District-Katihar and the married was performed as per the Hindu Rituals. The said affidavit has been signed by the victim girl also. When the victim subsequently went into the custody of the informant, she was forcibly compelled to deny the marriage with the petitioner by her parents. On behalf of the State, it has been submitted that the petitioner is named in the FIR.

Considering the aforesaid facts and circumstances, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Katihar in connection with Balrampur P.S.Case No.35 of 2015. (Sudhir Singh, J) B.Kr./- U T