Kamal Kishor Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9939 of 2020 Arising Out of PS. Case No.-3 Year-2019 Thana- PANAPUR District- Saran ====================================================== 1.

KAMAL KISHOR SHARMA, 2.

Naval Kishor Sharma, 3.

Sawal Kishor Sharma, All S/o Chandrama Sharma, R/o village- Bhorhan, P.S.- Pana Pur, DistrictSaran ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Chandra Kant For the Opposite Party/s :

Mr.Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-09-2020 Heard learned counsel for the petitioners and learned APP for the State through virtual court proceedings. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 363, 366(A) of the Indian Penal Code.

Allegation against the petitioners is of kidnapping the minor girl/victim for marriage purpose.

Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. He further submits that they have no concern with Anikesh Kumar with whom it is alleged that informant's daughter eloped ather only concern that they are the sons of Chamdrama Sharma who

Patna High Court CR. MISC. No.9939 of 2020(5) dt.25-09-2020 2/2 happens to be maternal uncle of Anikesh Sharma. The petitioners have no any other criminal antecedent, which is mentioned in para 3 of the bail petition.

Learned APP for the State opposes the prayer for bail petition and submits that till date, the victim has not been recovered.

Perused the records, witnesses have supported the prosecution case in case diary.

In the aforesaid facts and circumstances, I am not inclined to enlarge the petitioners on bail. Accordingly, the prayer for anticipatory bail of the petitioners are rejected in connection with Pana Pur P.S. Case No. 03 of 2019 from the Court of learned A.C.J.M.-4th, Saran at Chapra. Accordingly, this application is dismissed.

However, petitioners are directed to surrender before the learned court below and make prayer for bail, the learned court below shall dispose of the bail petition on the same day without being prejudiced by this order.

(Anjani Kumar Sharan, J) amitkumar/- U T