Deepu Sharma And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10781 of 2019 Arising Out of PS. Case No.-160 Year-2018 Thana- CHOUTARWA District- West Champaran ====================================================== 1.

Deepu Sharma 2.

Manjit Sharma @ Ajit Sharma 3.

Pappu Sharma 4.

Sandeep Sharma Son of Shambhu Sharma All are sons of Shambhu Sharma, resident of village - Chandarpur Mathiya P.S - Choutarawa Distt- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Milind Kumar Mishra For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-04-2019 This is an application for grant of anticipatory bail in connection with Choutarawa P.S. Case No. 160 of 2018, disclosing offences under Sections 363, 365, 34 of the Indian Penal code.

Allegation against the petitioner is of kidnapping of the minor daughter of the informant and the informant suspected the hands of the petitioners and other accused persons in kidnapping.

Submission of learned counsel for the petitioners is that materials collected during the investigation disclosed that the girl has fled away from the house on being beaten by her

Patna High Court CR. MISC. No.10781 of 2019(3) dt.26-04-2019 2/3 family members and she went to the house of Shambhu Sharma, who had taken her and the petitioners have been falsely implicated in this case only because that they happen to be the sons of Shambhu Sharma and one co-accused person has already been granted privilege of anticipatory bail vide order dated 24.01.2019 passed in Cr. Misc. No. 63190 of 2018 by a Coordinate Bench of this Court.

Heard A.P.P. as well as learned counsel for the informant, who have opposed the prayer for anticipatory bail to the petitioners on the ground that the girl is still traceless and it appears that they have sold the girl to some other person. Having heard both parties, in view of the facts and circumstances of the case as stated above, let the petitioners, above named, in the event of their 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 Additional Chief Judicial Magistrate 1st, Bagaha, West Champaran in connection with Choutarawa P.S. Case No. 160 of 2018, subject to that condition that laid down under Section 438(2) of the Code of Criminal Procedure.

This is further subject to the condition that they have

Patna High Court CR. MISC. No.10781 of 2019(3) dt.26-04-2019 3/3 to corporate with the Investigating Officer in searching out the girl, otherwise prosecution is at liberty to move for cancellation of their bail bonds.

(Vinod Kumar Sinha, J) Amjad/SKSuman.

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