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Patna High CourtCR. MISC./50805/2023allowed

Shyam Sharma @ Shyam Kumar Sharma v. The State Of Bihar

2023-08-11Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50805 of 2023 Arising Out of PS. Case No.-427 Year-2023 Thana- SIKARPUR District- West Champaran ====================================================== Shyam Sharma @ Shyam Kumar Sharma Son Of Haradwat Sharma Resident Of Village- Ajua, Ps- Shikarpur, Distt- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anant Kumar Mishra For the Opposite Party/s :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-08-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 363, 366(A), 504, 506, 34 of the Indian Penal Code and Sections 8, 12 of the POCSO Act.

It is alleged against the petitioner that he along with other F.I.R named accused persons have abducted the minor girl of the informant.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. For the alleged occurrence of 27.02.2023, the F.I.R was registered on 22.05.2023

Patna High Court CR. MISC. No.50805 of 2023(2) dt.11-08-2023 2/2 without explaining the delay. The petitioner and the victim girl were in love with each other and the victim voluntarily went along with the petitioner. The victim in her 164 Cr.P.C statement has also stated that she was in love with the petitioner and solemnized marriage with him. The petitioner is languishing in custody since 24.05.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Shikarpur P.S. Case No. 427 of 2023.

(Sunil Kumar Panwar, J) Shageer/- U T