Sanni Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59915 of 2024 Arising Out of PS. Case No.-15 Year-2024 Thana- SULTANGANJ District- Patna ====================================================== Sanni Kumar S/O Laxman Prasad @ Nanny R/O Mohalla - Balu Ghat/ Ghagha Ghat, P.S- Sultanganj, Distt.- Patna.
.. ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. S.K. Lal, Mr. Pramod Kumar, Advocates For the Opposite Party/s :
Ms. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 25-09-2024 Heard the parties.
2. The petitioner is in judicial custody in connection with P.T.N 162/2024 arising out of Sultanganj P.S. Case No.15 of 2024 for the offences punishable under Section 366A/34 of the Indian Penal Code lodged on 12.01.2024 by the informant, Reshma.
3. As per the prosecution story, the informant alleged that in the evening of 19.01.2024, her daughter went to the relative's house but failed to return. Later, she came to know that her daughter never reached the relative's house and this petitioner has abducted. Accordingly, the FIR.
4. In this case, the Co-ordinate Bench had called for the case diary which include the statement made by the victim girl under Section 164 CrPC, according to which, she went to
Patna High Court CR. MISC. No.59915 of 2024(3) dt.25-09-2024 2/3 her maternal aunt's house, stayed there for 5-6 days and then went to her friend's place. She left her residence without disclosing the fact to the parents because they always use to scold her, later upon knowledge of the came to the police station.
5. Learned counsel for the petitioner submits that from the aforesaid facts it is clear that the petitioner has no role to play in the matter but only because of suspension implicated.
6. Learned APP opposes the prayer stating that intents to marry the girl, as such, kidnapped her.
7. Considering the statement of the victim girl made under section 164 CrPC coupled with the facts that the petitioner is in custody since 02.04.2024 (para-4 of the petition), has got no criminal antecedent and is of only 21 years of age, this Court is inclined to extend him the privilege of bail.
8. 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 Sub-Divisional Judicial Magistrate, Patna City, Patna 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.59915 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 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;
(iv) 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