Amit Kumar Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31916 of 2025 Arising Out of PS. Case No.-243 Year-2023 Thana- CHAPRA TOWN District- Saran ====================================================== Amit Kumar Sharma S/O Nand Kishore Sharma R/O Vill.- Jagdamba Road, Dahiyawa, P.s.- Chapra Town, Dist.- Saran ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mili Kumari, Adv.
For the Opposite Party/s :
Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 31-10-2025 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
3. The petitioner is apprehending his arrest in a case in connection with Chapra Town P.S. Case No. 243 of 2023 dated 16.03.2023 registered for the offences punishable u/ss 363 and 366A read with section 34 of the Indian Penal Code.
4. As per the prosecution case, the petitioner and the co-accused persons are alleged to have kidnapped the minor daughter of the informant for the purpose of marriage. It is further alleged that when the informant went to the petitioners' house to enquire about his daughter, then the mother and the brothers of the petitioner started abusing and threatened to kill.
5. Learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.31916 of 2025(3) dt.31-10-2025 2/3 that the petitioner has falsely been implicated in this case. The petitioner has been made accused in this case merely on suspicion. The victim in her statement recorded u/s 164 of the Cr.P.C. has stated that she went with the petitioner to Delhi and Surat and she has not made any allegation of sexual assault against the petitioner. It is further submitted that the victim was not forced to have illicit intercourse with another person. The petitioner has no concern with the alleged offence. The coaccused persons have already been granted anticipatory bail by this court vide order dated 02.12.2023 passed in Cr. Misc. No. 76227/2023. The petitioner has no criminal antecedent as stated at para 3 of the bail petition.
6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
7. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) with two sureties of the like amount each to the satisfaction of learned court concerned, Saran, Chapra in connection with Chapra Town P.S. Case No. 243 of 2023, subject to conditions as laid down under Section 438(2) of the
Patna High Court CR. MISC. No.31916 of 2025(3) dt.31-10-2025 3/3 Code of Criminal Procedure with further condition :- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.
8. This application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T