Rohit Kumar Sharma @ Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10972 of 2020 Arising Out of PS. Case No.-416 Year-2019 Thana- DUMRA District- Sitamarhi ====================================================== ROHIT KUMAR SHARMA @ ROHIT KUMAR Son of Late Dilip Kumar Sharma @ Roshan Kumar Sharma Resident of Village - Muradpur Ward No. 12, P.S. Dumra, District - Sitamarhi Pin-843301. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surendra Kishore Thakur For the Opposite Party/s :

Ms. Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 09-07-2020 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor representing the State, through Video Conferencing.

This application, for grant of anticipatory bail, arises out of Dumra Police Station Case No. 416 of 2019, disclosing offences under Section 366-A/34 of the Indian Penal Code. The allegation against the petitioner is that the petitioner, along with other co-accused persons, abducted the daughter of the informant for the purpose of marriage. Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case. He further submits that the victim girl has been recovered and her statement was recorded under Section 164 of the Code of

Patna High Court CR. MISC. No.10972 of 2020(2) dt.09-07-2020 2/2 Criminal Procedure, 1973. He, referring to Annexure 2, submits that from perusal of the statement of the victim girl, it appears that she has stated that she had gone to Nepal to meet her uncle/aunt and she was not kidnapped by anybody. Having regard to the submissions made on behalf of the parties and taking into consideration the statement of the victim girl, recorded under Section 164 of the Code of Criminal Procedure, 1973, I am inclined to grant the petitioner privilege of anticipatory bail.

This application is, accordingly, allowed.

Let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi, in connection with Dumra Police Station Case No. 416 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √