Mangal Sharma @ Sanni Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66989 of 2022 Arising Out of PS. Case No.-199 Year-2022 Thana- NAUBATPUR District- Patna ====================================================== Mangal Sharma @ Sanni Kumar, S/o Subhash Sharma, R/o Village- Pali, P.S.- Naubatpur, Distt- Patna.

... ... Petitioner

Versus

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

For the Petitioner/s :

Ms. Usha Kumari Singh, Advocate For the Opposite Party/s :

Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 23-02-2023 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in connection with Sessions Trial No.942 of 2022 arising out of Naubatpur P.S. Case No.199 of 2022 registered for the offences punishable under Sections 363 and 366A of the Indian Penal Code.

The accused/petitioner is named in the FIR and is in custody since 08.04.2022.

The allegation against the petitioner is to kidnap the minor daughter of the informant, aged about 16 years, along with other co-accused persons for the purpose of illicit intercourse.

It is submitted by learned counsel for the petitioner that implication is appearing false, which is arises out of non-

Patna High Court CR. MISC. No.66989 of 2022(2) dt.23-02-2023 2/3 acceptance of relations by the parents of victim girl, where victim and petitioner were in love affairs. It is submitted that initially, while recording the statement under Section 161 of the CrPC, the victim has categorically stated that she has solemnized her marriage with the petitioner, but subsequently, she took a U-turn while recording the statement under Section 164 of the CrPC alleging thereof that the petitioner along with other co-accused persons kidnapped her. However, again, she took a U-turn and appeared before the court of learned ACJMIII, Danapur on 13.06.

2022 and stated that she is being assaulted by her parents and she had married petitioner out of her own sweet will and refused to go with her parents, resulting she was sent to Child Welfare Committee, Patna. While concluding the argument, it is submitted that the petitioner is a man of clean antecedent and moreover, investigation of this case has been completed, for which charge-sheet has already been submitted, as such, there is no chance of tampering with the evidence. Learned Additional Public Prosecutor, while opposing the prayer for bail, submitted that the allegation of kidnapping is specifically available against this petitioner.

Patna High Court CR. MISC. No.66989 of 2022(2) dt.23-02-2023 3/3 statement of victim where, she finally accepted to solemnize her marriage with the petitioner, coupled with the fact that chargesheet has already been submitted in this case, the petitioner is directed to 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 the learned Additional Sessions Judge-V, Danapur in connection with Sessions Trial No.942 of 2022 arising out of Naubatpur P.S. Case No.199 of 2022, subject to the conditions as mentioned under Section 439(3) of the CrPC.

(Chandra Shekhar Jha, J) Sanjeet/- U T