Sajjan Kumar @ Sajjan Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50208 of 2021 Arising Out of PS. Case No.-630 Year-2020 Thana- KHAGARIA District- Khagaria ====================================================== SAJJAN KUMAR @ SAJJAN KUMAR SHARMA Son of Rohin Sharma Resident of Village - Tribhuwan Tola, Dhusmuri Bishanpur, P.S.- Khagaria (Muffasil), District - Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar, Advocate For the State :

Mr.Anil Kumar, APP For the Informant Mr. Pravin Kumar Agrwal, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 22-12-2021 Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State.

Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.

Petitioner seeks bail in connection with Khagaria (Muffasil) P.S. Case No. 630 of 2020 registered for the offences punishable under Sections 366(A), 365/34 of the IPC. According to prosecution case, the informant alleges that on 28.08.2020 at about 3:00 AM, his wife along with his daughter had gone to attend the call of nature but her daughter did not return. He further alleges that the petitioner along with

Patna High Court CR. MISC. No.50208 of 2021(2) dt.22-12-2021 2/3 his friend abducted his daughter. When the informant went to the house of the petitioner, the parents of the petitioner abused and threatened to kill.

Learned counsel for the petitioner submits that petitioner has clean antecedent and has committed no offence and he has falsely been implicated in the present case. He further submits that victim girl in her statement recorded under Section 164 of the Cr.P.C. categorically stated that she left her house voluntarily on her own sweet will. He further submits that victim has not made any allegation against the petitioner rather she stated that she want to marry with the petitioner. Petitioner is in custody since 21.04.2021.

The learned Additional Public Prosecutor opposed the prayer of bail.

Considering the aforesaid facts and circumstances as well as period of custody, 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 the learned Chief Judicial Magistrate, Khagaria in connection with Khagaria (Muffasil) P.S. Case No. 630 of 2020, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and

Patna High Court CR. MISC. No.50208 of 2021(2) dt.22-12-2021 3/3 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 absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled 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.

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) shahzad/- U T