Sanni Gupta @ Sanni Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55525 of 2019 Arising Out of PS. Case No.-468 Year-2019 Thana- SAHARSA District- Saharsa ====================================================== Sanni Gupta @ Sanni Kumar Son of Janardan Gupta Resident of Village P.O. and P.S.- Behra, District - Saharsa.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Rajeev For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-09-2019 Counsel for the petitioner is permitted to make necessary correction in paragraph-1 of the main application in course of the day.

Heard learned counsel for the petitioner, O.P. No. 2 and learned APP for the State.

The petitioner seeks bail in a case initially, registered under Sections 363, 365 of the Indian Penal Code and after investigation, charge sheet was submitted under Sections-323, 341, 363, 365, 366, 376, 504 & 509 of the Indian Penal Code.

Allegedly, the wife and the son of the informant were found missing from his Sasural.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 27-05-2019. Charge sheet has already been

Patna High Court CR. MISC. No.55525 of 2019(2) dt.09-09-2019 2/2 submitted. The petitioner has been falsely implicated in the present case. The photographs of the petitioner and the victim have been annexed as Annexure-3 series to this application, which shows that the petitioner and the victim had intimate relationship prior to the date of occurrence. The medial examination report is Annexure-2 to the present application. Following is the opinion of the doctor: "(i) No sign of sexual assault.

(ii) Her age is between seventeen to nineteen years". As per the medical examination report, the allegation of commission of rape is not supported. The statement of the victim recorded under Section 164 of Cr.P.C. is Annexure-5 to the application.

On behalf of the State and O.P. No. 2, it is submitted that the petitioner is named in the Complaint Case/F.I.R. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa in connection with Saharsa Sadar P.S. Case No. 468 of 2019. (Sudhir Singh, J) A.K.V.//- U T