Shambhu Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12983 of 2019 Arising Out of PS. Case No.-160 Year-2018 Thana- CHOUTARWA District- West Champaran ====================================================== SHAMBHU SHARMA, Son of Jagdev Sharma, Resident of Village - Chandarpur Mathiya, P.S. - Choutarawa, District - 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. Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 09-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 363 and 365/34 of the Indian Penal Code.

Allegation against the petitioner and other named accused who are sons and wife of the petitioner is that they kidnapped to the 11 years old daughter of the informant. One Budh Ram Bhandari stated to the informant that the accused persons had brought the girl to his village, however, under pressure of the Mukhiya, they fled away along with the girl. Submission of the learned counsel for the petitioner is that petitioner is aged about 61 years. There is no material to substantiate that the petitioner along with his children and wife kidnapped a minor girl. Petitioner has stated on oath that he has

Patna High Court CR. MISC. No.12983 of 2019(3) dt.09-05-2019 2/2 got no criminal antecedent. Investigation of the case is already complete.

Learned counsel for the informant opposed the prayer for bail on the ground that sufficient material is there in the case diary which shows direct involvement of the petitioner also. Considering the fact, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Choutarawa Police Station Case No. 160 of 2018, subject to the condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Kundan/- U T