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Patna High CourtCR. MISC./18027/2018bail granted

Rajendra Sharma v. The State Of Bihar

2018-04-06Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18027 of 2018 Arising Out of PS.Case No. -157 Year- 2017 Thana -GHANSHYAMPUR District- DARBHANGA ======================================================

1. Rajendra Sharma S/o Nageshwar Sharma, R/o Village- Pali, P.S.- Ghanshyampur, District- Darbhanga.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Alok Kumar Jha For the Opposite Party/s : Mr. Sri Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 06-04-2018 Heard both sides.

The petitioner apprehends his arrest in Ghanshyampur P.S. case No. 157 of 2017 for the offences punishable under Section 307, 364, 363, 436 and other minor Sections of the Indian Penal Code.

The informant alleged that the accused persons, having armed with different weapons, came and assaulted the informant and others and kidnapped his daughter, after setting his house on fire.

The learned counsel for the petitioner submits that petitioner is not named in the FIR. The name of petitioner figured in the confessional statement of co-accused, Sudhir Sharma, who simply disclosed the name of petitioner but no overt act is alleged

Patna High Court Cr.Misc. No.18027 of 2018 (3) dt.06-04-2018 2/2 against him. It is further submitted that the victim girl was recovered from the house of relative of the informant and later on the allegation of kidnapping is found false. The informant was also made accused for instituting false case.

Considering the facts aforesaid and the nature of allegation made against the petitioner, the petitioner above named in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/ production of a copy of this order is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Darbhanga in connection with Ghanshyampur P.S. case No. 157 of 2017, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) BKS/- U T