Bipin Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40503 of 2019 Arising Out of PS. Case No.-38 Year-2019 Thana- PARWALPUR District- Nalanda ====================================================== Bipin Sharma Son of Late Jai Nandan Sharma Resident of Village-Sonchari, P.S-Parwalpur, District-Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun Kumar Arun, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 02-07-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offences punishable under Sections 363/365 of the Indian Penal Code and Section 10 of the Child Marriage Protection Act. Allegation is of kidnapping of the son of the informant for the purpose of marriage.

Submission is that in the statement, under Section 164 Cr.P.C., the victim has not stated that the petitioner was involved in his kidnapping. Moreover, kidnapping of a male child for the purpose of marriage is not an offence and kidnapping simplicitor is bailable one. The petitioner has stated on oath that he has got no criminal antecedent. He is in custody since

Patna High Court CR. MISC. No.40503 of 2019(2) dt.02-07-2019 2/2 11.03.2019. Investigation of the case is already complete. Considering the aforesaid facts, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Parwalpur P.S. Case No.38 of 2019, with following conditions: (a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below having immovable property in his name.

(b) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Mkr./- U T