Ajay Sharma @ Ajay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74832 of 2023 Arising Out of PS. Case No.-115 Year-2023 Thana- CHAUSA District- Madhepura ====================================================== AJAY SHARMA @ AJAY KUMAR SON OF SAMLI SHARMA VILLAGEPHUALUT PASCHIMI P.S. -CHAUSA (PHUALUT), DISTRICTMADHEPURA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Dr. Sanjay Kumar Singh For the Opposite Party/s :

Mr. Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 21-02-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with Chausa (Fulaut) P.S. Case No.115 of 2023 registered for the offence under Sections 366(A)/34 of the Indian Penal Code. 3.

The allegation against the petitioner is to have kidnapped the minor daughter of the informant for the purpose of marriage, along with other co-accused persons. 4.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been implicated in the present case. It is submitted that the allegation against this petitioner is general and omnibus and not specific against this petitioner. It is also submitted that as per FIR, there

Patna High Court CR. MISC. No.74832 of 2023(3) dt.21-02-2024 2/2 is no eye-witness of the occurrence. It is also submitted that the victim has already stated in her statement that she went away and performed her marriage with Bhim Kumar Sharma on her own sweet will. It is also submitted that similarly situated coaccused person, namely, Alkha Sharma has already been granted bail by learned court below itself. It is further submitted that the petitioner is a man of clean antecedent and he is in custody since 04.05.2023.

5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

Considering the facts and circumstances and submissions made on behalf of the petitioner, let the petitioner, above named, is directed to be released on bail in connection with Chausa (Fulaut) P.S. Case No.115 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D. J. M., Udakishunganj, Madhepura.

(Ramesh Chand Malviya, J) S.Katyayan/- U T