Sajjan Kamati @ Sajjan Kamat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22985 of 2023 Arising Out of PS. Case No.-263 Year-2022 Thana- MADHEPUR District- Madhubani ====================================================== SAJJAN KAMATI @ SAJJAN KAMAT son of Ram Prasad Kamat VillageBirpur Ps- Madhepur Dist- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ramchandra Jha Raman, Advocate For the Opposite Party/s :
Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 14-07-2023
1. Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State.
2. Let the defect(s), if any, be removed within a period of four weeks from today.
3. The petitioner seeks bail in connection with Madhepur P.S. Case No. 263 of 2022 registered for the offence under Sections 363, 366-A, 341, 323, 504, 120-B, 506 of the Indian Penal Code.
4. The accused/petitioner is named in the F.I.R. and is in custody since 20.11.2022.
5. The allegation against the petitioner is to kidnap minor daughter of the informant, aged about 14 years, alongwith other co-accused persons/family members for the purpose of illicit intercourse/marriage.
Patna High Court CR. MISC. No.22985 of 2023(3) dt.14-07-2023 2/3
6. Learned counsel appearing on behalf of the petitioner submitted that the implication of this petitioner is being father of main co-accused, namely, Shankar Kamat against whom thrust of allegation is available. Learned counsel while arguing the matter make a statement at bar that victim girl recovered and recorded her statement under Section 164 of the Cr.P.C., negating thereby allegation of kidnapping and sexual assault. While concluding the argument, it has been submitted that petitioner is a man of clean antecedent and moreover, investigation of this case has been completed, for which, chargesheet has been submitted, as such, there is no chance of tampering with the evidence.
7. Learned APP opposes the prayer of bail.
8. Considering the facts and circumstances as mentioned above, as implication of petitioner appears being father of main co-accused Shankar Kamat against whom thrust of allegation is available. coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 20.11.2022, accordingly, above named petitioner is directed to be released on bail in connection with Madhepur P.S. Case No. 263 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.22985 of 2023(3) dt.14-07-2023 3/3 satisfaction of learned Judicial Magistrate 1st Class Jhanjharpur, Madhubani/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C. (Chandra Shekhar Jha, J) pooja/- U T