Sudhanshu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66875 of 2021 Arising Out of PS. Case No.-153 Year-2021 Thana- TEGHRHA District- Begusarai ====================================================== SUDHANSHU KUMAR S/o Late Ramchandra Singh R/o village- Barauni, P.S.- Teghra, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravindra Kumar, Advocate For the Opposite Party/s :

Mr.Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 15-10-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Teghra P.S. Case No. 153 of 2021 registered for the offence under Section 364, 206 and 34 of the Indian Penal Code. The accused/petitioner is named in the F.I.R. and is in custody since 05.07.2021.

The allegation against the petitioner is to kidnap the informant, under the threat of murder, and solemnized marriage forcibly with the daughter of one of the co-accused, namely, Jhagdu Singh.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.66875 of 2021(4) dt.15-10-2022 2/3 submitted that allegation of kidnapping is very much general and omnibus against this petitioner as raised through present FIR, which has been lodged with a delay of nine (09) days without any just explanations. It is submitted that as one of the co-accused failed to fulfill the demand of dowry, as raised by the informant, present case of kidnapping, was lodged as after thought. It further submitted that as per statement of victim recorded under Section 164 of the Cr.P.C., the allegation is appearing very much general and omnibus against this petitioner. It is also submitted that petitioner is not related with family of the co-accused, Jhagdu Singh, where the forcible marriage of informant alleged to solemnized after kidnapping. While concluding the argument, it is submitted that investigation in this case is complete, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP appearing on behalf of the State opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as allegation of kidnapping is very much general and omnibus against this petitioner as per statement of the victim, recorded under Section 164 of the Cr.P.C., where petitioner is in

Patna High Court CR. MISC. No.66875 of 2021(4) dt.15-10-2022 3/3 custody since 05.07.2021 coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Teghra P.S. Case No. 153 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai/concerned court, subject to the conditions as laid down u/s 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) R.S.Sen/- U T