Lallu Sharma @ Lallu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18820 of 2023 Arising Out of PS. Case No.-150 Year-2022 Thana- RAFIGANJ District- Aurangabad ====================================================== 1.

LALLU SHARMA @ LALLU KUMAR son of Kamta Sharma VillageRukumchak P.S.- Rafiganj Dist- Aurangabad, Bihar 2.

Premchand Sharma, Son of Kamta Sharma, Village- Rukumchak P.S.- Rafiganj Dist- Aurangabad, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Leelawati Kumari, Advocate.

For the Opposite Party/s :

Mr.Nityanand, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 12-06-2023 Heard Ms. Leelawati Kumari, learned counsel appearing on behalf of the petitioners and Mr. Nityanand, learned APP for the State.

2. The petitioners seek pre-arrest bail in connection with Rafiganj P.S. Case No. 150 of 2022 registered for the offence punishable under Section 366A/34 of the Indian Penal Code.

3. The allegation against the petitioners is of kidnapping the minor daughter of the informant.

4. Learned counsel appearing on behalf of the petitioners submits that the petitioners have been falsely implicated in the case of alleged kidnapping of the daughter of the informant. The main allegation is against co-accused Sallu Sharma and the petitioners have been roped in the present case

Patna High Court CR. MISC. No.18820 of 2023(2) dt.12-06-2023 2/2 just because they are brothers of said accused Sallu Sharma. Final form has already been submitted against the petitioners and charge sheet has been submitted against Sallu Sharma.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Having heard the rival submissions of the parties as well as the fact that the final form has been submitted in which no material has been collected in course of investigation against the petitioners and charge sheet has been submitted against coaccused Sallu Sharma, the petitioners, above named, are directed to be released on pre-arrest bail, in the event of their arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge cum Special Exclusive Judge, POCSO, Aurangabad in connection with Rafiganj P.S. Case No. 150 of 2022, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Purnendu Singh, J) mantreshwar/- U T