Dularchand Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26225 of 2024 Arising Out of PS. Case No.-512 Year-2023 Thana- BANMANKHI District- Purnia ====================================================== DULARCHAND SHARMA SON OF RAMESH SHARMA RESIDENT OF VILLAGE - DHIMA WARD NO.11, POLICE STATION - BANMANKHI, DISTRICT - PURNEA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjay Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 29-07-2024 Heard learned counsel for the petitioner as well as learned APP for the State.

2. In this case, the petitioner is seeking regular bail in connection with Banmankhi P.S. Case No. 512 of 2023, registered for the offences punishable under Sections 363, 365, 366(A)/34 of the Indian Penal Code.

3. As per allegation, On 23.11.2023, the daughter of the informant went to the bamboo orchard east side from his house to defecate, from where she did not return. During search, the informant came to know that the petitioner along with other co-accused persons kidnapped his daughter and hid her somewhere.

4. Learned counsel for the petitioner submitted that paragraph no. 37 of the case diary reveals that the victim and the petitioner were seen near bus stand. In para-39, it has been

Patna High Court CR. MISC. No.26225 of 2024(3) dt.29-07-2024 2/2 mentioned that when both were arrested the victim stated to the Investigating Officer that she had gone with the petitioner. This fact shows that there was love and affection between the petitioner and the victim. It has further been submitted that in duress and pressure of her parents the victim rendered her statement under Section 164 of the CrPC. His further submission is that no sign of sexual assault was found in Medical Report.

5. On the other hand, learned APP, Shri Shailendra Kumar opposed the prayer for bail but fairly admitted that the victim and the petitioner both were found from the bus stand, Banmankhi.

6. Considering the above-mentioned facts and circumstances and also considering the period of custody since 29.11.2023, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea in connection with Banmankhi P.S. Case No. 512 of 2023, subject to the following condition:- The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court. (Nawneet Kumar Pandey, J) SONALI/- U T