Pramod Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16432 of 2024 Arising Out of PS. Case No.-801 Year-2023 Thana- MUFFASIL District- West Champaran ====================================================== Pramod Sharma Son of Sri Mina Sharma Resident of Village- Gurwaliya, Pandey Tola, P.S.- Bettiah Muffasil (Manuapul), District- West Champaran ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Sagina Ram Son of Late Chokat Ram Resident of Village- Gurwaliya, Pandey Tola, P.S.- Bettiah Mufassil (Manuapul), District- West Champaran ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sharad Kumar Verma, Adv.
For the Opposite Party/s :
Mr.Binay Krishna, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 363, 366A, 34 of the Indian Penal Code, Section 3 (1) (r) (s) of the SC/ST Act and Section 8 of the POCSO Act, 2012.
3. Allegedly, all the accused persons including the petitioner are said to have enticed the minor daughter of the informant and kidnapped her and when the informant along with his neighbours went to the house of the accused persons in search of the victim girl, they abused him by taking his caste name and refused to send back his daughter.
Patna High Court CR. MISC. No.16432 of 2024(2) dt.14-03-2024 2/3
3. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and he has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He has been made accused in the present case merely because of being relative of the main accused Guddu Kumar Sharma. It is further submitted that the statement of the victim has been recorded under Section 164 Cr.P.C. in which she has not stated anything against the petitioner. Petitioner has no criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State opposes the prayer for bail.
6. Having regard to the facts and circumstances of the case as well as considering the statement of the victim recorded under Section 164 Cr.P.C., the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Bettiah Muffasil
Patna High Court CR. MISC. No.16432 of 2024(2) dt.14-03-2024 3/3 P.S. Case No. 801 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) divyanshi/- U T