Kanhaiya Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4076 of 2021 Arising Out of PS. Case No.-10 Year-2020 Thana- ISMAILPUR District- Bhagalpur ====================================================== KANHAIYA SHARMA SON OF KAILASH SHARMA R/O VILLAGEISMAILPUR, P.S.- ISMAILPUR, DISTRICT- BHAGALPUR. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nachiketa Jha, Advocate For the Opposite Party/s :

Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-03-2021 Heard Mr. Nachiketa Jha, learned Counsel for the petitioner and Mr. Nawal Kishore Prasad, learned Additional Public Prosecutor for the State, through Video Conferencing. This application, for grant of regular bail, arises out of Ismailpur Police Station Case No. 10 of 2020, disclosing offences under Sections 363, 366(A)/34 of the Indian Penal Code. The allegation, as per the First Information Report is that the petitioner along with other accused persons abducted the minor daughter of the informant.

Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case due to the fact that the victim girl was having love affair with the petitioner and she had left her house voluntarily and has performed marriage with the petitioner in Nepal. Learned counsel referring to Annexure-2 which

Patna High Court CR. MISC. No.4076 of 2021(2) dt.24-03-2021 2/2 is statement of the victim girl recorded under Section 164 Cr.P.C. submits that the victim girl in her statement before the learned Magistrate has specifically stated that she was in love with the petitioner for about one year and has performed marriage with him. Learned counsel further submits that the victim girl has disclosed her age before the learned Magistrate as 19 years. Learned counsel further submits that petitioner is in custody since 14.05.2020. Having regard to the submissions made by the parties and taking into consideration the materials on record and the statement of the victim girl recorded under Section 164 Cr.P.C., I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, Kanhaiya Sharma, 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 S.D.J.M., Naugachia, Bhagalpur, in connection with Ismailpur Police Station Case No. 10 of 2020. It is made clear at the time of furnishing bail bond, all the parties shall follow the guidelines regarding social distancing. (Anil Kumar Sinha, J) sanjeev/- U T