Laxman Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43673 of 2023 Arising Out of PS. Case No.-467 Year-2022 Thana- MADHUBAN District- East Champaran ====================================================== 1.
Laxman Sharma Son Of Suraj Thakur Resident Of Village - Semra, P.S. - Madhuban, District - East Champaran 2.
Vinod Sharma @ Vinod Kumar @ Vinod Kumar Sharma Son Of Laxman Sharma Resident Of Village - Semra, P.S. - Madhuban, District - East Champaran 3.
Anil Sharma @ Anil Kumar Son Of Laxman Sharma Resident Of Village - Semra, P.S. - Madhuban, District - East Champaran 4.
Ramnath Sharma Son Of Suraj Thakur Resident Of Village - Semra, P.S. - Madhuban, District - East Champaran 5.
Yogendra Sharma Son Of Suraj Thakur Resident Of Village - Semra, P.S. - Madhuban, District - East Champaran 6.
Niranjan Kumar Son Of Late Nagendra Sharma Resident Of Village - Semra, P.S. - Madhuban, District - East Champaran ... ... Petitioner/s
Versus
THE STATE OF BIHAR, PATNA ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shashikant For the Opposite Party/s :
Mr. Pradeep Narain Kumar Mr. Abhishek Kumar ======================================================= CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-09-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State assisted by learned counsel for the informant.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 363, 366(A)/385 and 34 of the Indian Penal Code.
3. As per the prosecution case, it is alleged that
Patna High Court CR. MISC. No.43673 of 2023(4) dt.11-09-2023 2/3 when the sister of the informant went to attend nature's call then accused persons kidnapped her.
4. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that there is no specific overt act against the petitioners. The petitioners are family members of co-accused Sunil Kumar. He further submits that co-accused Sunil Kumar and the victim are major and they voluntarily solemnized marriage with each other. He also submits that the victim is present in this Court and the co-accused Sunil Kumar and the victim are residing together as wife and husband in Hyderabad. Petitioners have no criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State as well as learned counsel for the informant opposed prayer for anticipatory bail.
6. Having regard to the facts and circumstances of the case and the fact that the victim and co-accused Sunil Kumar are residing together, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees
Patna High Court CR. MISC. No.43673 of 2023(4) dt.11-09-2023 3/3 Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Madhuban P.S. Case No.467 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T