Patna High CourtCR. MISC./65879/2023bail granted

Kanhaiya Kumar @ Kanhaiya Sharma @ Kanhiya Kumar Sharma v. The State Of Bihar

2023-12-13Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65879 of 2023 Arising Out of PS. Case No.-27 Year-2023 Thana- SHEKHPURA District- Sheikhpura ====================================================== Kanhaiya Kumar @ Kanhaiya Sharma @ Kanhiya Kumar Sharma S/O Sanjay Sharma @ Sanjay Verma R/O Mohalla- Girihinda, Ps. And Dist. Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Neerad Parashar, Advocate For the Opposite Party/s :

Mr. Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 13-12-2023

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Sheikhpura P.S. Case No. 27 of 2023, registered under sections 366A and 34 of the Indian Penal Code and section 8 of POCSO Act.

3. As per the prosecution case, the informant states that his sixteen year old daughter who had gone out did not return. After inquiry it transpired that it was the petitioner along with others who had kidnapped her.

4. Learned counsel for the petitioner submits that there is an in-ordinate delay in lodging of the F.I.R. In the medical examination the age of the informant's daughter has been assessed to be between 17-18 years. The daughter of the

Patna High Court CR. MISC. No.65879 of 2023(3) dt.13-12-2023 2/2 informant returned and has not supported the prosecution case in her statement under section 164 Cr.P.C. The petitioner is in custody since 16.3.2023 and charge-sheet has been submitted in the case.

5. The application for bail is opposed by learned APP appearing for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R, the submissions made by learned counsel for the petitioner, contents of the statement of the informant's daughter under section 164 Cr.P.C and charge-sheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Sheikhpura P.S. Case No. 27 of 2023, on furnishing bail bond of Rs. 10,000- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge-VI, Sheikhpura.

(Partha Sarthy, J) Harsh/- U T