Anuj Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56654 of 2024 Arising Out of PS. Case No.-9 Year-2024 Thana- SONNAGAR RAIL P.S. District- Gaya ====================================================== Anuj Sharma Son of Late Kapil Sharma @ Late Kapildev Sharma Resident of Vill- Darmi Khurd, P.S.- Nabinagar, District- Aurangabad. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Pd. Singh, Sr. Adv.
Mr. Bhaskar Shankar, Ms. Sakshi Deep, Advocates.
For the Opposite Party/s :
Mr. Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 25-09-2024 Heard Mr. Krishna Prasad Singh, learned Senior Counsel duly assisted by Ms. Sakshi Deep for the petitioner and learned APP for the State.
2. The petitioner is in judicial custody in connection with Son Nagar Rail P.S. Case No. 9 of 2024 for the offences punishable under Section 370 of the Indian Penal Code and Section 79 of the Juvenile Justice Act lodged on 13.05.2024 by the informant, Manoj Kumar.
3. As per the prosecution story, the informant alleged that during patrolling duty, a person along with some minor girls were found in a suspicious condition at Anugrah Narain Railway Station, Aurangabad and later came to knowledge that they are being taken to Ludhiana for employment.
Patna High Court CR. MISC. No.56654 of 2024(3) dt.25-09-2024 2/3 Accordingly, the FIR.
4. Learned Senior Counsel for the petitioner submits that he has no role to play in the matter, the girls were going on their own to Ludhiana, he also intended to go to the said place, was merely accompanying them. Further, the fathers of the four minor children themselves have given statements that the girls were going on their own to Ludhiana. The last submission is that he has remained in custody since 14.05.2024 (para-13 of the petition).
5. Learned APP opposes the prayer submitting that the minor girls were being taken to Ludhiana by the petitioner.
6. Though the allegation is there, the fact remains that the fathers of the victim girls have stated that the girls were going on their own, has remained in custody since 14.05.2024 and has got no criminal antecedent, this Court is inclined to extend him the privilege of bail.
7. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Railway Magistrate, Gaya in connection with aforesaid P.S. Case subject to the following conditions:
(i) one of the bailors should be the family member of
Patna High Court CR. MISC. No.56654 of 2024(3) dt.25-09-2024 3/3 the petitioner who shall provide official document to show his 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 bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every month for next six months to mark his attendance;
(iv) 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;
(v) 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 bail bonds. (Rajiv Roy, J) perwez U T