Kishore Sharma @ Kishore Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65899 of 2021 Arising Out of PS. Case No.-49 Year-2020 Thana- MAHILA P.S BAGHA District- West Champaran ====================================================== Kishore Sharma @ Kishore Thakur S/o Late Jaggu Thakur R/o village- Jura, P.S.- bhairoganj, District- West Champaran ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Javed Aslam, Advocate For the Opposite Party/s :

Mr.Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 16-05-2022 Heard counsel for the parties.

Let the defect(s), if any, as pointed out by the office be removed within a period of four weeks.

The petitioner is in judicial custody since 7.9.2021 in connection with Mahila P.S. Case No. 49 of 2020 registered under sections 366A, 34 of the Indian Penal Code and Sections 8, 12 of POCSO Act, 2012.

As per the prosecution story, when the informant along with his mother reached his house, he could not find his sister, Chandani Kumari and on enquiry it was informed that she had been taken by accused Guddu Sharma for the purpose of marriage.

When the informant went to the house of Guddu

Patna High Court CR. MISC. No.65899 of 2021(3) dt.16-05-2022 2/3 Sharma for enquiry, he was not present there and further allegation is that his parents abused him. Left with no alternative, this FIR was lodged.

The petitioner is the father of accused Guddu Sharma and as per the statement made in para-3 of the supplementary affidavit filed in this case, Guddu Sharma is in jail. The learned counsel for the petitioner has also brought on record the statement made by the victim girl under section 164 of the Cr.P.C. wherein she has stated that she married the said Guddu Sharma and wants to live with him. The medical report of the said victim girl has been annexed as Annexure-2 in which the doctors have opined her age to between 17 to 19 years. Considering the aforesaid facts that the petitioner is the father of the accused Guddu Sharma and the allegation of taking away the victim girl has been attributed to the said Guddu Sharma, he does not have criminal antecedent, chargesheet stands submitted and is in jail since 7.9.2021; this Court is inclined to grant him the privilege of bail. However, if it is found that the petitioner do have any criminal antecedent, this bail order shall become infructuous.

Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of

Patna High Court CR. MISC. No.65899 of 2021(3) dt.16-05-2022 3/3 like amount each to the satisfaction of Additional District & Sessions Judge Seven-Cum-Special Judge(POCSO), West Champaran, Bettiah, in connection with Mahila P.S. Case No. 49 of 2020 subject to the following conditions:- (i) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reasons will entail his cancellation of bail by the Trial Court itself;

(ii) he shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of his bail bonds.

With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Ravi/- U T