Rampukar Sharma And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2754 of 2016 Arising Out of PS.Case No. -167 Year- 2015 Thana -HALSI District- LAKHISARAI ======================================================
1. Rampukar Sharma son of Late Govind Prasad Singh
2. Anya Sharma, wife of Rampukar Sharma, .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pramod Kumar, Advocate For the Opposite Party/s : Mr. Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-01-2016 Heard learned counsels for the petitioners and the State.
The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 366A/365/120B of the Indian Penal Code and 4/6 of The Protection of Children from Sexual Offences Act, 2012. Prosecution case is of abducting the 14 years old daughter of the informant, who went outside to ease, by coaccused Kisan Kumar, son of the petitioners. When the informant went to made complaint then the petitioners being the parents of Kisan Kumar gave sarcastic smile and threatened the informant by saying that his daughter will not return if informant will file any case.
Patna High Court Cr.Misc. No.2754 of 2016 (3) dt.21-01-2016 2/3 It is submitted by learned counsel for the petitioners that the thrust of accusation is against co-accused Kisan Kumar and petitioners have been roped in the present case simply because they are parents of Kisan Kumar. For the occurrence of 15.11.25, the FIR was registered on 27.11.2015. In 164 Cr.P.C. statement the victim got her age recorded as 14 years whereas the learned court below also assessed as such wherein she has stated that while she was sweeping at Durga Asthan then somebody put some sedative material on her nose and abducted her. The informant has not named the petitioners. The victim has named Kisan Kumar, Darshan Kumar and Ranjeet.
It is submitted by learned senior counsel for the informant that the son of these petitioners abducted the daughter of the informant. The petitioners facilitated the commission of crime.
Considering the thrust of accusation against co-accused Kishan Kumar and the victim has not named the petitioners in 164 Cr.P.C., let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned
Patna High Court Cr.Misc. No.2754 of 2016 (3) dt.21-01-2016 3/3 1st Additional Sessions Judge, Lakhisarai in connection with Halsi (Ramgarh) Chowk P.S. Case No.167/2015, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Ashwini/- U T