Chhotu Sharma @ Chotoo Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51880 of 2021 Arising Out of PS. Case No.-125 Year-2021 Thana- SIMRI District- Buxar ====================================================== Chhotu Sharma @ Chotoo Sharma Son of Shyam Sunder Sharma Resident of Village- Chhotka Singhanpura, Near Shiv Mandir, P.S.- Simari, DistrictBuxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raju Prasad, Advocate For the Opposite Party/s :

Mr. Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 04-01-2022 Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical Court.

Heard learned counsel for the petitioner and the learned A.P.P. for the State in virtual Court proceeding. The petitioner seeks bail in connection with Simari P.S. Case No. 125 of 2021 registered for the offences under Sections 341/365/366/504/34 of the Indian Penal Code. Allegation against the petitioner is of abduction of the daughter of the informant.

Learned counsel for the petitioner submits that petitioner has clean antecedent. He has falsely been implicated in the present case. He further submits that it appears from the

Patna High Court CR. MISC. No.51880 of 2021(2) dt.04-01-2022 2/3 FIR itself that date of occurrence as mentioned in the FIR is 23.04.2021 and the present FIR has been instituted on 27.04.2021 after delay of four days. He further submits that the victim girl in her statement under Section 164 Cr.P.C. (Annexure-2) has levelled no allegation against the petitioner. The petitioner is in custody since 27.04.2021. 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 petitioner, above named, 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 A.C.J.M.-IV, Buxar, in connection with Simari P.S. Case No. 125 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.

Patna High Court CR. MISC. No.51880 of 2021(2) dt.04-01-2022 3/3 And, further condition that the court below shall 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) Mkr./- U T