Pawan Kumar Gupta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25270 of 2022 Arising Out of PS. Case No.-2 Year-2022 Thana- SONEPUR District- Saran ====================================================== PAWAN KUMAR GUPTA S/o Ramayan Sah Resident of Village- Shivpur Tola, Parmanand Pur, P.S.- Sonepur, District- Saran at Chpara. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Udai Shankar Singh, Advocate For the Opposite Party/s :
Ms.Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 02-09-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State through virtual court proceedings.
Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Sonepur P.S. Case No. 02 of 2022 registered for the offence under Sections 363, 366(A) and 34 of the Indian Penal Code and under Section 5 of the Immoral Traffic (Prevention) Act. The accused/petitioner is named in the F.I.R. and is in custody since 02.01.2022.
The allegation against the petitioner is to kidnap the minor daughter and sister's daughter of the informant, for the purpose of illicit intercourse..
Patna High Court CR. MISC. No.25270 of 2022(2) dt.02-09-2022 2/3 Learned counsel appearing on behalf of the petitioner submitted that from bare perusal of statement of both the victims, recorded under Section 164 of the Cr.P.C., it appears that victims went on their own sweet will with the petitioner, as they were acquainted to each other and having friendship. It is further submitted that it can safely be gathered from statement of victims that the occurrence is not of kidnapping. It is also submitted that statement of victims, recorded under section 164 of the Cr.P.C., further suggest that it is not a case of sexual assault/abuse. While concluding the argument, it has been submitted that petitioner is a man of clean antecedent, moreover, investigation of this case is complete, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.
Learned APP, while opposing the prayer of bail, fairly conceded that both the victims through her statement denying thereof allegation of kidnapping and sexual assault/abuse, against this petitioner.
Considering the facts and circumstances as mentioned above, and also considering the statement of both the victims, recorded under section 164 of the Cr.P.C., denying thereby kidnapping and sexual assault/abuse, where petitioner is a man
Patna High Court CR. MISC. No.25270 of 2022(2) dt.02-09-2022 3/3 of clean antecedent coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Sonepur P.S. Case No. 02 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra/concerned court, subject to the following conditions as laid down u/s 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) R.S.Sen/- U T