Sunil Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21330 of 2024 Arising Out of PS. Case No.-44 Year-2016 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== SUNIL KUMAR SON OF RAMJANAM DAS R/O-GULARGAWA, SIWAN CHAINPUR, P.S.-SAHEBGANJ, DISTT.-MUZAFFARPUR ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raju Kumar, Adv.
For the Opposite Party/s :
Mr.Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 02-04-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Sahebganj P.S. Case No.44 of 2016, lodged under Sections 363 and 366(A) of the I.P.C.
3. As per the prosecution case, the F.I.R. has been lodged against four named accused persons including the petitioner against whom there is allegation that they have kidnapped the informant's daughter.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that the said victim girl has been recovered and she has narrated her statement under section 164 of Cr.P.C. against the petitioner which he has annexed vide Annexure-2. Counsel submits that
Patna High Court CR. MISC. No.21330 of 2024(2) dt.02-04-2024 2/3 but situation subsequent to this F.I.R. is same and marriage between the petitioner and victim has been solemnized and they are living happily and in this regard, an affidavit has been brought on record vide Annexure-19 of the bail petition. From their married life, they have one girl child aged about 4 years 6 months.
5. Counsel for the petitioner submits that petitioner is in custody since 20.12.2023 having clean antecedent and charge-sheet has already been submitted in this case.
6. Learned counsel for the State opposes the prayer for bail.
7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted provisional bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st, Muzaffarpur in connection with Sahebganj P.S. Case No.44 of 2016, subject to the following conditions as laid down under Section 437(3) of Cr.P.C.
8. However, trial court is directed to confirm the bail of the petitioner on production of the Registered Marriage Certificate from the Marriage Registrar within 3 months. If the
Patna High Court CR. MISC. No.21330 of 2024(2) dt.02-04-2024 3/3 said marriage certificate shall not be produced within 3 months, the provisional bail granted to him, shall be cancelled.
9. With the aforesaid direction, the present bail application stands disposed off.
(Dr. Anshuman, J.) Prakashmani/- U T