Sanjeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14371 of 2017 Arising Out of PS.Case No. -7 Year- 2016 Thana -PURANHIA District- SHEOHAR ====================================================== Sanjeev Kumar, S/o Ramchandra Sah, R/o Village- Parrahi, P.O.-Kansar, P.S.-Belsand, District Sitamarhi .... .... Petitioner

Versus

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

For the Petitioner : Mr. Awadhesh Kumar, Advocate For the Opposite Party : Mr. Abhay Kumar Roy (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 17-05-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner apprehends his arrest in connection with Purnahiya P.S. Case No. 07 of 2016, registered for the offences punishable under Sections 363, 366(A)/34 of the Indian Penal Code.

The petitioner is not named in the First Information Report, but during investigation in the statement of victim girl recorded under Section 164 of the Cr.P.C. the name of the petitioner and others transpires.

Submission is of false implication and that the victim was allegedly kidnapped in the past also and co-accused Molana Tahir Hussain was made accused in this case. Again she was allegedly kidnapped by him and others. In her statement recorded under Section 164 Cr.P.C. the victim stated that petitioner was

Patna High Court Cr.Misc. No.14371 of 2017 (2) dt.17-05-2017 2/2 also sitting on motorcycle on which she was seated by her kidnappers and thereafter from motorcycle she was seated in Sumo vehicle. The petitioner has been made victim of the circumstances, other co-accused Md. Taiyab, Vishwanath Kumar and Shobha Prasad @ Munindra Kumar have been allowed prearrest bail by another co-ordinate bench of this court vide Cr. Misc. No. 17571 of 2017 by order dated 26.04.2017 and, as such, the petitioner deserves sympathetic consideration. The learned A.P.P. fairly submits that other-accused have been allowed pre-arrest bail.

In the facts and circumstances as stated above, the petitioner in the event of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall 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 learned Sub-Divisional Judicial Magistrate, Sheohar, in connection with Purnahiya P.S. Case No. 07 of 2016, subject to the conditions as laid down in section 438(2) of the Cr.P.C.

(Jitendra Mohan Sharma, J.) Rajiv/- U T