Gajendra Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49609 of 2021 Arising Out of PS. Case No.-225 Year-2021 Thana- MADHEPURA District- Madhepura ====================================================== GAJENDRA SHARMA S/o Kusheshwar Sharma @ Sri Kusheshwar Sharma R/o- Dalli Gachi (Gachhi), Madheli Ward No.- 09, P.S.- Shankarpur, DistrictMadhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bikramadeo Singh, Adv :

Mr. Pawan Kumar, Adv.

For the Opposite Party/s :

Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 24-03-2022 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence under Sections 366(A), 504 and 506 of the Indian Penal Code.

The minor daughter of the informant is said to have been kidnapped on the point of gun.

Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has falsely been implicated in this case. He further submits that in fact the petitioner has solemnized marriage with the victim girl. He further submits that the victim in her statement recorded under Section 164 Cr.P.C.

Patna High Court CR. MISC. No.49609 of 2021(3) dt.24-03-2022 2/3 has admitted that she has performed marriage with the petitioner. The petitioner is rotting in judicial custody since 18.03.2021.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, let the, above named, petitioner be released 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 Court below where the case is pending in connection with Madhepura P.S. Case No. 225 of 2021 with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

And, further condition that the court below shall

Patna High Court CR. MISC. No.49609 of 2021(3) dt.24-03-2022 3/3 verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) brajesh/- U T