Manoj Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56632 of 2017 Arising Out of PS.Case No. -184 Year- 2017 Thana -MAHESI District- SAHARSA ======================================================

1. Manoj Kumar Sharma, Son of Tejo Sharma, Resident of Village- Jajauri, P.S.- Mahishi, P.O.- Gopalpur, District- Saharsa. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar Mukund For the Opposite Party/s : Mr. Sri Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 12-01-2018 Heard the counsels for the parties.

The petitioner seeks bail in connection with Mahisi P.S. Case No. 184/2017 dated 08.09.2017 instituted for the offence under Section 366A/34 of the Indian Penal Code.

The daughter of the informant, who is 15 years of age, had come out to the house for attending the call of nature, but she did not return. The informant learnt that, perhaps, the petitioner and others have kept his daughter in confinement for the purposes of killing her. In same breath, the informant has alleged that all the accused persons named in the F.I.R. are rich persons who have no respect for the law.

Hence, the F.I.R. under Sections 366A and 34 of the Indian Penal Code.

Learned counsel for the petitioner has drawn the attention of this Court to the fact that one of the named accused persons, viz.

Patna High Court Cr.Misc. No.56632 of 2017 (3) dt.12-01-2018 2/2 Lalit Kumar Sharma, has married the daughter of the informant and two others, viz. Jayram Sharma and Rita Devi, are the parents of aforesaid Lalit Kumar Sharma.

Lalit Kumar Sharma as well as his parents have been granted anticipatory bail by a Bench of this Court vide orders dated 19.12.2017 passed in Cr. Misc. Nos. 58074/2017 and 58109/2017 respectively.

From the orders referred to above, it appears that the victim girl is living as a legally wedded wife of Lalit Kumar Sharma, one of the co-accused persons of this Case. Learned counsel for the petitioner has submitted that the informant has wrongly stated the age of the victim girl is 15 years; rather she is 19 years of the age. The petitioner is only a villager of the informant. The petitioner is in custody since 09.09.2017. For the aforesaid facts, the petitioner above named is directed to be released on bail on his furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Saharsa in connection with Mahishi P.S. Case No. 184/2017. (Ashutosh Kumar, J.) Rakhi U T