Raj Kishore Sharma @ Siyakant Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10100 of 2019 Arising Out of PS. Case No.-52 Year-2008 Thana- GHOSI District- Jehanabad ====================================================== Raj Kishore Sharma @ Siyakant Sharma Son of Ram Dinesh Sharma Resident of Village - Korma, P.S.- Ghoshi, District- Jehanabad. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Lakshmi Kant Sharma For the Opposite Party/s :
Mr.Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-04-2019 This is an application for grant of anticipatory bail in connection with Ghoshi P.S. Case No. 52 of 2008, disclosing offences under Sections 366A/ 109 of the Indian Penal Code. Allegation against the petitioner is of kidnapping of the minor daughter of the informant.
Submission of learned counsel for the petitioner is that there is absolutely no allegation against the petitioner and he has been made accused in this case only because that his shop is situated in front of the coaching center of the main accused. Earlier final form has been submitted, but the cognizance has not been taken and behind his back, he has been declared absconder and the case has been committed to the court of Sessions, though he has never served with any summons or bailable warrant or non-bailable warrant.
Patna High Court CR. MISC. No.10100 of 2019(3) dt.25-04-2019 2/2 Heard learned A.P.P. also, Having heard both sides, in view of the facts and circumstances of the case as stated above, let petitioner surrender before the court below and pray for regular bail, which shall be considered on the basis of materials available against this petitioner and also verifying the record as to whether any summon or bailable warrant or non-bailable warrant has been issued against him or not and also considering the fact that the victim has already solemnized marriage with the co-accused, which has been noticed by the Additional Sessions Judge in the order dated 06.10.2018 and after considering all the aspects of the matter, the learned court below shall pass an appropriate order without being prejudiced by order of this Court, if possible, on the same day.
Accordingly, this application is disposed of. (Vinod Kumar Sinha, J) Amjad/SKSuman.
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