Vivek Sharma v. The State Of Bihar

Patna High Court Cr.Misc. No.37956 of 2016 (2) dt.22-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37956 of 2016 Arising Out of PS.Case No. -189 Year- 2015 Thana -RAJAULI District- NAWADA ======================================================

1. Vivek Sharma Son of Chotelal Sharma resident of Village- Hardiya Sector-B, P.S.- Rajauli, District- Nawada.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Bhavesh Kumar For the Opposite Party/s : Mr. Md. Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 22-09-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Rajauli P.S. Case No. 189 of 2015 registered for the offences punishable under Sections 363 and 365 of the Indian Penal Code. Allegedly, the daughter of the informant was kidnapped by the petitioner and other FIR named accused persons. Submission is of false implication and that the victim has been recovered and her statement has been recorded under Section 164 Cr.P.C. wherein she has denied regarding her kidnapping and has stated that she went with Kundan Mishra out of her own sweet will and she is living with him and her age has been assessed as 19 years and as such she being major no offence as alleged is made out against the petitioner. The statement of the victim recorded under Section 164 Cr.P.C. has been annexed at

Patna High Court Cr.Misc. No.37956 of 2016 (2) dt.22-09-2016 annexure-2.

Learned APP fairly submits that the victim in her statement under Section 164 Cr.P.C. has not supported the allegation of her kidnapping.

In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of 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, Nawada in connection with Rajauli P.S. Case No. 189 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) avin/- U T