Sandeep Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46930 of 2025 Arising Out of PS. Case No.-71 Year-2025 Thana- UJIYARPUR District- Samastipur ====================================================== Sandeep Sharma S/o Munsilal Sharma R/O Village- Nikashpur, PSUjiyarpur, Distt- Samastipur(Bihar) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Madhav Kumar, Adv.
For the Opposite Party/s :
Mr. Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 26-11-2025 Heard the parties.
2. That the present application has been preferred for:
the grant of Anticipatory bail on behalf of the above-named Petitioner in connection with Ujiyarpur P.S Case No.
71/25 registered for the offence under sections 137(2),96 of the BNS, 2023 pending in the Court of SDJM, Rosera.
3. The petitioner is apprehending his arrest in connection with Ujiyarpur P.S. Case No. 71 of 2025 for the offence under Sections 137(2), 96 of the B.N.S. 2023 lodged on 31.03.2025 by the informant, Basant Kumar.
4. As per the prosecution story, the informant alleged
Patna High Court CR. MISC. No.46930 of 2025(3) dt.26-11-2025 2/3 that the victim girl went to attend the coaching but failed to return. Later having come to know about the role of the petitioner and his family members, the FIR.
5. In this case, the co-ordinate Bench has called for the case diary and the same is available on record. The statement of the victim girl under section 183 of the B.N.S.S is there according to which she went on her own to Delhi, is in relationship with the younger brother of the petitioner Chotu, her father will beat her if she returns back. Further, once she becomes major shall be marrying Chotu.
6. Learned counsel for the petitioner submits that the girl went on her own, in any case, he is the elder brother, has no role to play but only he belongs to the family of Chotu, is involved.
7. Learned APP opposes the prayer submitting that in the FIR his name is there.
8. Considering the submission of the parties as also the petitioner does not have criminal antecedent, the victim girl has made statement as stated above, he is elder brother of Chotu, in that background, this Court is inclined to extend him the privilege of anticipatory bail.
9. Let the petitioner be released on bail in the event of
Patna High Court CR. MISC. No.46930 of 2025(3) dt.26-11-2025 3/3 arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned S.D.J.M, Rosera in connection with Ujiyarpur P.S. Case No. 71 of 2025 subject to the following conditions:- (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her bail bond by the Trial Court itself;
(iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his/her bail bonds. (Rajiv Roy, J) Siddharth Soni/- U T