Sonu Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27987 of 2018 Arising Out of PS.Case No. -439 Year- 2013 Thana -SASARAM NAGAR District- SASARAM (ROHTAS) ====================================================== Sonu Sharma S/o Rameshwar Sharma, R/o Vill.- Radhakhar, P.S.- Bhagwanpur, District- Kaimur (Bhabhua).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Surendra Kumar Mishra For the Opposite Party/s : Mr. Sri Abhay Kumar - 1 ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 12-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Sasaram (T) P.S. Case No. 439 of 2013 for offences punishable under Sections 366(A)/34 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that while his elder daughter was married and had come along with her younger daughter Dhanwanti Kumari aged 13 years, the petitioner along with co-accused Bijendra Sharma had teased the victim girl on 21.04.2013 and on 27.04.2013 while both his daughters were alone in the house, the petitioner along with coaccused Bijendra Sharma came and called his younger daughter

Patna High Court Cr.Misc. No.27987 of 2018 (4) dt.12-07-2018 2/2 and when she came out of house both of them took her and eloped. It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and was arrested from his house, no such act has been committed by him, is languishing in judicial custody since 17.01.2018 and that charge-sheet has been submitted.

However, learned APP for the State opposes the prayer for bail stating therein that the victim girl has not been recovered. Considering the facts and circumstances and the materials on record, I am not inclined to grant privilege of bail to the petitioner in connection with Sasaram (T) P.S. Case No. 439 of 2013, pending in the court of learned Chief Judicial Magistrate, Rahtas at Sasaram.

The application is, accordingly, rejected. However, the petitioner is at liberty to move this Court for bail after framing of charge.

(Nilu Agrawal, J) Devendra/- U T