Raushan Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41051 of 2022 Arising Out of PS. Case No.-446 Year-2021 Thana- KHARHAGPUR District- Munger ====================================================== RAUSHAN KUMAR SHARMA SON OF MANOJ SHARMA, R/O VILLAGE- LARUI, P.S.- HAVELI KHARAGPUR (SHAMPUR), DISTT.- MUNGER.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Arpana Kumari, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary, Advocate Mr. J. N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 04-11-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.

Heard the learned counsel for the petitioner as well as Mr. J. N. Thakur, the learned Additional Public Prosecutor for the State through virtual mode.

The petitioner is seeking regular bail in connection with Kharagpur P.S. Case No. 446/2021 registered for offence punishable under sections 341, 323, 366 (A), 504, 506/34 of the Indian Penal Code.

The learned counsel for the petitioner has submitted that though there is allegation of kidnapping of the victim girl

Patna High Court CR. MISC. No.41051 of 2022(2) dt.04-11-2022 2/3 against the petitioner, but the alleged victim, in her statement under Section 164 of the Code of Criminal Procedure, has stated that she has solemnized marriage with the present petitioner. The learned counsel has also submitted that the petitioner is a person of clean antecedent and he is under custody since 24.01.2022.

Considering the fact that the victim has solemnized her marriage with the petitioner, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Munger in connection with Kharagpur P.S. Case No. 446/2021, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

Patna High Court CR. MISC. No.41051 of 2022(2) dt.04-11-2022 3/3 Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Mahesh/- U T