Sanjeev Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45660 of 2022 Arising Out of PS. Case No.-301 Year-2022 Thana- MINAPUR District- Muzaffarpur ====================================================== Raju Sah Son Of Late Mahesh Sah Resident Of Village - Turki Turha Toli, P.S.- Minapur, District - Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 58003 of 2022 Arising Out of PS. Case No.-301 Year-2022 Thana- MINAPUR District- Muzaffarpur ====================================================== Sanjeev Kumar Son Of Dinesh Paswan R/O Village- Turki Turha Toli, P.S.- Minapur, District- Muzaffarpur ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 45660 of 2022) For the Petitioner/s :
Mr.Ravi Nandan For the Opposite Party/s :
Mr.Sharda Kumari (In CRIMINAL MISCELLANEOUS No. 58003 of 2022) For the Petitioner/s :
Mr.Dr. Bipin Chandra For the Opposite Party/s :
Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-04-2023 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are languishing in custody in a case registered for the offences punishable under Sections 363, 366(A)/34 of the Indian Penal Code.
2/4 It is a case of abduction of the minor daughter of the informant by all the F.I.R named accused persons including the petitioners.
It is submitted by learned counsel for the petitioners that petitioners are innocent and they have falsely been implicated in this case. The petitioner Sanjeev Kumar (Cr. Misc. No. 58003/2022) and the victim girl were in love with each other and the victim went along with the petitioner Sanjeev Kumar of her own volition. The petitioners are languishing in custody since 12.06.2022. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent.
Learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioners and submitted that petitioners have actively participated in the commission of kidnapping of the victim girl. The victim in her 164 Cr.P.C statement has specifically alleged against petitioner Sanjeev Kumar that
3/4 on point of knife he kidnapped her whereas other coaccused including petitioner Raju Sah were the companion of petitioner Sanjeev Kumar. The independent witnesses in para 51 and 52 of the case diary have specifically alleged the role of petitioner Sanjeev Kumar in the kidnapping of the victim girl. Considering the fact that there is specific accusation against petitioner Sanjeev Kumar(Cr. Misc. No. 58003/2022) that on point of knife, he kidnapped the victim girl, this Court is not inclined to grant privilege of bail to the petitioner Sanjeev Kumar.
The prayer for grant of bail to the petitioner Sanjeev Kumar (Cr. Misc. No. 58003/2022) stands rejected.
So far as petitioner Raju Sah (Cr. Misc. No.
45660/2022) is concerned, in the facts and circumstance of the case, let the petitioner Raju Sah (Cr. Misc. No. 45660/2022), be released on bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands)
4/4 with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur in connection with Minapur P.S. Case No. 301 of 2022.
(Sunil Kumar Panwar, J) Shageer/- U T