Tanna Singh @ Dharmendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38252 of 2021 Arising Out of PS. Case No.-77 Year-2017 Thana- SHEIKHOPUR SARAI DistrictSheikhpura ====================================================== 1.

TANNA SINGH @ DHARMENDRA SINGH Son of Mahendra Singh Resident of Village Kshema, Police Station- Shekhopur Sarai, District - Sheikhpura. At present R/O Village - Sonkhar Police Station - Aliganj, District - Jamui.

2.

Mushan Singh @ Birendra Singh Son of Mahendra Singh Resident of Village Kshema, Police Station- Shekhopur Sarai, District - Sheikhpura. At present R/O Village - Sonkhar Police Station - Aliganj, District - Jamui. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bipin Kumar For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 14-12-2021 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners seek regular bail in connection with Shekhopur Sarai P.S. Case No. 77 of 2017, registered under Sections 363, 366(A)/34 of the Indian Penal Code. Learned counsel for the petitioners submits that the petitioners are in custody since 06.06.2021, and is a person of clean antecedent and charge-sheet has been submitted. Learned counsel submits that the informant alleges that his daughter was missing since 01.07.2017 and he came to know that Dhiraj Kumar kidnapped her for purpose of marriage and petitioner no.

Patna High Court CR. MISC. No.38252 of 2021(2) dt.14-12-2021 2/3 1 alongwith others helped Dhiraj kidnapping his daughter. Learned counsel submits that the victim has been recovered and her statement had been recorded under Section 164 Cr.P.C. where she has stated that she was forcefully married with Dhiraj and thereafter it is alleged that both Dhiraj and petitioner no. 2 committed wrong with her. Learned counsel drew the attention of Court statement made under section 164 of the Cr.P.C. whereas victim herself stated that petitioner no. 2 who had brought to her to the police station. Learned counsel thus submits that if the petitioner no. 2 had committed any wrong he would not have brought the victim to the police station.

Learned counsel further submits that though it is alleged that some wrong was committed on the victim, but then there is no medical examination of the victim as such on record. Petitioner is a person with clean antecedent as far as petitioner no. 1 is concerned it is alleged that he has helped his friend in kidnapping the daughter of the informant. Learned counsel submits that Dhiraj and the victim were in love with each other and even performed marriage and when the victim was brought before the P.S. by petitioner no. 2, thereafter police implicated the petitioner no. 2 as he is related to Dhiraj.

Patna High Court CR. MISC. No.38252 of 2021(2) dt.14-12-2021 3/3 regular bail application of the petitioners.

Considering the fact that the petitioners are in custody since 06.06.2021, charge-sheet has been submitted in this case and the petitioners, is a person with clean antecedent, let the petitioners above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Vith Additional District and Sessions Judge, Sheikhpura in connection with Shekhopur Sarai Police Station Case No. 77 of 2017.

(Satyavrat Verma, J) Ranjeet/- U T