Kanhaiya Sharma @ Doctor v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12790 of 2019 Arising Out of PS. Case No.-253 Year-2018 Thana- CHHATAUNI District- East Champaran ====================================================== KANHAIYA SHARMA @ DOCTOR, aged about 22 years (Male), S/o Fulena Sharma, Resident of Village- Chhatauni, Badhai Tola, Mathiya, P.S.- Chhatauni, District- East Champaran.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Karandeep Kumar, Advocate.

For the Opposite Party :

Mr.Amitesh Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-07-2019 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant. The petitioner is languishing in custody since 29.11.2018 in a case for the offence registered under Sections 363 and 366(A) of the IPC.

The prosecution story, in brief, is that on the date, time and place of occurrence, the petitioner and other coaccused kidnapped the minor daughter of the informant aged about 16 years for the purpose of marriage.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the

Patna High Court CR. MISC. No.12790 of 2019(4) dt.19-07-2019 2/2 petitioner. The petitioner has falsely been implicated in the present case. The name of the petitioner has come in the present case merely on the basis of suspicion. There is no witness on the point of abduction/kidnapping of the victim. There is no motive alleged against the petitioner.

On behalf of the learned counsels for the State and the informant, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, 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 the learned C.J.M. East Champaran at Motihari, in connection with Chhatauni P.S. Case No. 253 of 2018.

(Sudhir Singh, J) U.K./- U T