Patna High CourtCR. MISC./53524/2016bail granted

Kishun Sharma And ANR v. The State Of Bihar

2016-12-20Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53524 of 2016 Arising Out of PS.Case No. -238 Year- 2016 Thana -KAHALGAON District- BHAGALPUR ======================================================

1. Kishun Sharma Son of Anandi Sharma.

2. Balmiki Kumar, Son of Binod Mandal, Both are resident of VillageBansipur, P.S. Kahalgaon, District- Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjan Kumar Jha, Advocate For the Opposite Party/s : Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-12-2016 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offences under Sections 363, 366(A) of the I.P.C. Allegation is that the accused persons including the petitioners kidnapped the daughter of the informant. It has been submitted on behalf of the petitioners that the petitioners are in custody since 25.7.2016 and the charge sheet has been submitted in the present case. The petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been made accused due to mistake of fact. As per the F.I.R., the petitioners were the associates of co-accused, namely, Bipin Kumar Sharma with whom the victim is said to have eloped.

Patna High Court Cr.Misc. No.53524 of 2016 (2) dt.20-12-2016 2/2 There is no direct or indirect evidence against the petitioners. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioners above named be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with Kahalgaon P.S. case No.238 of 2016.

(Sudhir Singh, J) Narendra/- U T