Chandeshwar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52844 of 2022 Arising Out of PS. Case No.-690 Year-2022 Thana- TURKAULIYA District- East Champaran ====================================================== Chandeshwar Sharma Son Of Late Rajdev Sharma R/O Village - Chand Saraiya, P.S.- Piprakothi, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate.

For the Opposite Party/s :

Mr. Bhanu Pratap Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 16-01-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in connection with Turkauliya P. S. Case No. 690 of 2022 registered for the offences punishable under Section 366A of the Indian Penal Code and Section 8 of the Protection of Children from Sexual Offences Act.

As per the prosecution case, when the daughter of the informant, aged about 17 years, went to the market, she was kidnapped by all the F.I.R. named accused persons including

Patna High Court CR. MISC. No.52844 of 2022(2) dt.16-01-2023 2/3 this petitioner and others unknown persons. It is further alleged that when the informant went to the house of Ramesh Sharma, the maternal uncle of the co-accused Kushal Kumar, Ramesh Sharma as well as this petitioner admitted that the F.I.R. named accused persons kidnapped the informant's minor daughter and abused and threatened the informant.

Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case on the account of him being the father of the co-accused Kushal Sharma. The petitioner is a 57 years old person. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.

Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner. Considering the aforesaid facts and circumstances, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Motihari, East Champaran in connection with Turkauliya P. S. Case No. 690 of 2022, subject to conditions as laid down under section 438(2) of the Code of

Patna High Court CR. MISC. No.52844 of 2022(2) dt.16-01-2023 3/3 Criminal Procedure.

The application stands allowed.

(Chandra Prakash Singh, J) shakir/- U T