Hemant Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12880 of 2018 Arising Out of PS. Case No.-919 Year-2017 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== Hemant Kumar Sharma, S/o Nawal Kishore Sharma, Resident of MohallaF.C.I. Godown, Sikandarpur, P.S.- Town, District- Muzaffarpur. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Chandra Shekhar Anand For the Opposite Party/s :

Mr. Nawal Kishor Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 26-06-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Muzaffarpur Town P.S. Case No. 919 of 2017 instituted for the offence under Sections 363, 366A, 506 and 120B of the Indian Penal Code. In the written report, it is alleged that the daughter of the informant was kidnapped by the petitioner and other accused persons. The victim girl has given her statement under Section 164 Cr.P.C. which is available in para 54 of the case diary, wherein, she has stated that she has not been kidnapped by any person. She has gone out of house voluntarily. The father has filed the case merely on suspicion.

In the facts and circumstances of the case, prayer of

Patna High Court Cr.Misc. No.12880 of 2018(4) dt.26-06-2018 2/2 the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Muzaffarpur Town P.S. Case No. 919 of 2017 he shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the C.J.M., Muzaffarpur subject to the conditions as laid down under Section 438(2) Cr. P. C.

with further conditions:(1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.