Sujit Kumar @ Sujit Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61326 of 2023 Arising Out of PS. Case No.-78 Year-2023 Thana- KOILWAR District- Bhojpur ====================================================== SUJIT KUMAR @ SUJIT SHARMA, age about 22 years, Male, SON OF SANJAY SHARMA, RESIDENT OF VILLAGE - VIRAMPUR, PSKOILWAR, DISTT- BHOJPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 29-02-2024 Heard Mr. Awadhesh Kumar Singh, learned counsel appearing on behalf of the petitioner and Mr. Shailendra Kumar, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Koilwar (Gidha OP) P.S. Case No. 78 of 2023 dated 15.02.2023 registered for the offence(s) punishable under Sections 366(A)/34 of the Indian Penal Code.

3. As per the allegation made in the FIR, the petitioner along with other co-accused had abducted the informant's daughter with an intention to marry.

Patna High Court CR. MISC. No.61326 of 2023(4) dt.29-02-2024 2/3

4. Learned counsel appearing on behalf of the petitioner submitted that the main allegation is against his brother/co-accused, Sumit Sharma. Victim's statement recorded under Section 164 Cr.P.C. confirms the fact that petitioner is no where concern in the kidnapping of the daughter of the informant. Petitioner has clean antecedent.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Having considered the rival submissions made on behalf of the parties, the main allegation is against co-accused, Sumit Sharma and the statement recorded under Section 164 Cr.P.C. is not specific in any manner that petitioner was also involved in kidnapping of the daughter of the informant, I am of the opinion that petitioner has, prima facie, made out a case to be released on pre-arrest bail.

7. The petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Ara, Bhojpur in connection with Koilwar (Gidha OP) P.S. Case No. 78 of

Patna High Court CR. MISC. No.61326 of 2023(4) dt.29-02-2024 3/3 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Purnendu Singh, J) Sanjay/- U T