Sandeep Kumar Sharma @ Sandeep Ku. Sharma @ Sandeep Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5831 of 2018 Arising Out of PS. Case No.-170 Year-2017 Thana- BHANGWANPUR HAT District- Siwan ====================================================== SANDEEP KUMAR SHARMA @ SANDEEP KU. SHARMA @ SANDEEP SHARMA S/o Kashinath Sharma, R/o Village- Harpur Jan, P.S.- Masharak, District- Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Shanker Pankaj For the Opposite Party/s :

Mr. SRI NARENDRA KUMAR SINGH ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 07-03-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Bhagwanpur Hat P.S. Case No. 170 of 2017 registered for the offence punishable under Sections 363 and 366A of the Indian Penal Code.

Informant is the father of the victim girl, who in his written complaint dated 27.07.2017 has stated that on 09.07.2017 at about 7:30 am in the morning, the petitioner and his family members kidnapped his daughter Puja Kumari and even after 18 days of occurrence they have not returned the girl and thereafter FIR was lodged. It has been further submitted that Puja Kumari has lodged a complaint case

Patna High Court Cr.Misc. No.5831 of 2018(4) dt.07-03-2018 2/3 against her parents and family members on 27.07.2017, in which she was examined by the court on S.A. on 04.08.2017 and she has stated that her parents are forcibly getting her married to a man aged about 35-36 years without her consent and thereafter she was kept in a closed room at his maternal uncle's house. On the basis of FIR the victim was recovered from the house of the petitioner on 13.09.2017, and the statement of victim was recorded in which she had alleged that the petitioner had enticed and took her to Patna along with his parent and she was living there. In the statement under Section 164 of the Cr.P.

C also she has supported the prosecution case and she was examined by the medical officer on the same date, and medical officer has not found any injury on her external part and even no sexual assault has been found and any recent sexual activity has been denied in the medical report, and the age of the girl has been assessed to be of 17 to 18 years. Petitioner has got no criminal antecedent and is in custody since 14.09.2017.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court Cr.Misc. No.5831 of 2018(4) dt.07-03-2018 3/3 learned Additional Chief Judicial Magistrate-II, Siwan in connection with Bhagwanpur Hat P.S. Case No. 170 of 2017.

(S. Kumar, J) ranjan/- U