Sandeep Kumar @ Sandeep Turi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11173 of 2025 Arising Out of PS. Case No.-191 Year-2023 Thana- BELHAR District- Banka ====================================================== Sandeep Kumar @ Sandeep Turi Son of Ashok Turi Resident of village - Jhunka, P.S.- Belhar, District - Banka.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pankaj Kumar, Advocate For the Opposite Party/s :
Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 11-07-2025 Heard Mr. Pankaj Kumar, learned counsel for the petitioner and Mr. Rana Randhir Singh, learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since 24.12.2024 in connection with Belhar P.S. Case No. 191 of 2023, F.I.R. dated 06.05.2023 registered for the offence punishable under Sections 366(A)/34 of IPC and later on Section 8 of the POCSO was added.
3. As per the prosecution case, the informant alleged that upon return, she found her daughter missing and later came to know that Tiger Kumar Turi has taken her away for purpose of marriage.
4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he is in custody since
2/4 24.12.2024 and the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offence as alleged in the F.I.R. The informant is not the eye-witness of the alleged occurrence, although the petitioner is named in the F.I.R. The statement of the victim was recorded under Section 164 of Cr.P.C./Section 183 of the B.N.S.S., 2023 in which she has categorically stated that the petitioner along with other coaccused persons, namely, Ramesh and Manish Kumar facilitated victim forced meeting with one Tiger Kumar Turi. Further submits that for the same set of allegations, some of the accused persons, namely, Tiger Kumar Turi @ Tiger Kumar and Manish Kumar @ Manish Turi, have been granted privilege of anticipatory bail by a co-ordinate Bench of this Hon'ble Court vide order dated 09.04.2024 and 20.07.2024 passed in Cr. Misc. No.6070 of 2024 and Cr. Misc. No. 29381 of 2024 respectively. The police, after investigation, submitted charge-sheet against the petitioner and the petitioner is in custody since 24.12.2024.
5. Learned APP for the State has opposed the prayer for bail of the petitioner and submits that the victim has supported the prosecution case, but fairly submits that the victim has refused for her medical examination.
6. Considering the aforesaid fact and the fact that the
3/4 petitioner has clean antecedent and the similarly situated coaccused persons have been granted privilege of anticipatory bail by a co-ordinate Bench of this Hon'ble Court, let the petitioner, above named, 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 Additional Sessions Judge-6cum-Special Judge, POCSO, Banka in connection with Belhar P.S. Case No. 191 of 2023,with the following conditions:- (I) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below. (II) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(III) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order
4/4 shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) anand/- U T