Sanjeet Kumar @ Sanjit Kumar @ Abhay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.874 of 2022 Arising Out of PS. Case No.-83 Year-2021 Thana- BACHHWARA District- Begusarai ====================================================== Sanjeet Kumar @ Sanjit Kumar @ Abhay Kumar S/O Bishwanath Das R/o village- Bachhwara Dharampur, P.S.- Bachhwara, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 14-07-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

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

Petitioner seeks bail in a case registered for the offences punishable under Sections 366(A)/34 of the Indian Penal Code.

The prosecution case, in short, is that the accused persons including the petitioner are alleged to have kidnapped the minor daughter (victim) aged about 15 years of the informant.

Learned counsel for the petitioner submits that the petitioner has clean antecedents and he has been falsely

Patna High Court CR. MISC. No.874 of 2022(3) dt.14-07-2022 2/3 implicated in the present case. He further submits that in fact the petitioner and the victim have love affairs for the last many months and the petitioner has forcefully took away the victim. Learned APP for the State has opposed the prayer for bail of the petitioner and submits that the victim in her statement recorded under Section 164 Cr. P.C. categorically stated that the petitioner has forcefully abducted her and medical evidence reveals that she is minor.

Learned counsel for the petitioner submits that the petitioner is aged about 22 years only and this crime is his first crime instituted in the name of the petitioner and he is in custody since 10.04.2021.

Considering the facts and circumstances of the case and the period of custody, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Bachhwara P.S. Case No. 83 of 2021, with the following conditions :-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and

Patna High Court CR. MISC. No.874 of 2022(3) dt.14-07-2022 3/3 on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T