Kamal Kishore Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25308 of 2022 Arising Out of PS. Case No.-3 Year-2019 Thana- PANAPUR District- Saran ====================================================== 1.
KAMAL KISHORE SHARMA SON OF CHANDRAMA SHARMA R/O VILLAGE- BHORHA, P.S.- PANAPUR, DISTRICT- SARAN 2.
NAWAL KISHORE SHARMA SON OF CHANDRAMA SHARMA R/O VILLAGE- BHORHA, P.S.- PANAPUR, DISTRICT- SARAN ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajeev Shekhar, Advocate For the Opposite Party/s :
Mr. Syed Mojibur Rahman, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-06-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.
Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioners seek bail in a case registered for the offences punishable under Sections 363 and 366(A)/34 of the Indian Penal Code.
Learned counsel for the petitioners submits that the petitioners are in custody since 22.02.2022 and are persons with clean antecedent.
The informant alleges that on 16.12.2018, his minor daughter had gone to attend the call of nature but did not return. During search, informant came to know that Anikesh Kumar has kidnapped his daughter for the purpose of marrying her. Accordingly,
Patna High Court CR. MISC. No.25308 of 2022(2) dt.22-06-2022 2/2 the informant went to the house of co-accused Chandrama Sharma where this petitioner alongwith others abused and threatened him and said that Anikesh Kumar had kidnapped the victim to marry. Learned counsel for the petitioners submits that the date of occurrence is 16.12.2018 and the FIR instituted on 04.01.2019 after an inordinate delay of 24 days without any plausible explanation. It is next submitted that from perusal of the allegation as alleged in the FIR, it would manifest that as far as this petitioner is concerned, it is alleged that he abused and threatened the informant and the allegation of kidnapping is against Anikesh Kumar who is in custody. Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioners.
Considering the submissions made by the learned counsel for the petitioners, the petitioners, above named, are directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Panapur P.S. Case No. 03 of 2019. (Satyavrat Verma, J) Kundan/- U T