Shashi Bhushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32476 of 2020 Arising Out of PS. Case No.-166 Year-2020 Thana- CHAUTHAM District- Khagaria ====================================================== SHASHI BHUSHAN KUMAR, Male, aged about 25 years, S/o Manoj Kumar, R/o village- Jawahar Nagar, P.S.- Chautham, Distt.- Khagaria. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Ashok Kumar, Advocate.

For the Opposite Party :

Mr. Mohammad Sufiyan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-12-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks after restoration of normalcy.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case for the offence registered under Sections 363 and 365 of the I.P.C. The prosecution story, in brief, is that the informant got married his daughter, namely, Nilu Kumari with one Guddu Sharma on 26.02.2020 with Hindu rites and rituals and on

Patna High Court CR. MISC. No.32476 of 2020(2) dt.08-12-2020 2/3 18.06.2020 at about 11.00 P.M. she was sleeping in her house at about 12.00 P.M., when the informant went to see he found that his daughter was not present in the house. Thereafter, he searched her everywhere but could not find her. After that he got information that one Sashi Bhuushan Kumar (petitioner) has induced his daughter with bad intention. It is further stated that Nilu Kumari also carried away ornaments of Rs. 3,00,000/- and cash of Rs. 50,000/- from the house.

It has been submitted by learned counsel for the petitioner that the petitioner is in custody since 23.06.2020. The petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The victim has been recovered. Her statement under Section 164 Cr.P.C. has been recorded. The victim in her statement stated that she had left her house out of her own will and got married with this petitioner. The said statement is Annexure-2 to the present application.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. Considering the facts and circumstances of the case,

Patna High Court CR. MISC. No.32476 of 2020(2) dt.08-12-2020 3/3 the petitioner above named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Khagaria, in connection with Chautham P.S. Case No. 166/2020.

(Sudhir Singh, J) U.K./- U T