Sonu Kumar Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53206 of 2019 Arising Out of PS. Case No.-38 Year-2019 Thana- PARWALPUR District- Nalanda ====================================================== Sonu Kumar Sharma, Son of Late Jainandan Sharma @ Late Jay Shankar Sharma, Resident of Village - Sonchari, P.S.- Parwalpur, Distt - Nalanda. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Samir Kumar Sinha, Advocate For the Opposite Party/s :
Mr. Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-08-2019 This is an application for grant of anticipatory bail in connection with Parbalpur P.S. Case No. 38 of 2019, disclosing offences under Sections 363, 365 and 10 of Child Marriage Protection Act, 2006.
Allegation as per the F.I.R. is that son of the informant was kidnapped by the petitioner and other accused persons. It further appears that that the boy was recovered and his statement was recorded under Section 164 of Cr.P.C., in which, he has supported the prosecution case and stated that he was forcibly kidnapped and married.
Submission of the learned counsel for the petitioner is that one of the brother of the informant and the whole allegation is false and concocted. He has no criminal antecedent. Heard learned A.P.P. also, who has opposed the prayer for bail on the ground that the victim in her statement recorded
Patna High Court CR. MISC. No.53206 of 2019(2) dt.26-08-2019 2/2 under Section 164 Cr.P.C. the boy has supported the prosecution case and accused persons are also threatening the informant. Having heard both sides, in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to the petitioner, however, the petitioner is directed to surrender before the learned court below and make prayer for regular bail which will be considered on the basis of materials available on record, without being prejudiced by order of this Court.
With the aforesaid, this application is dismissed. (Vinod Kumar Sinha, J) Sunil Shukla/- U T