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Patna High CourtCR. MISC./81424/2023allowed

Yogendra Sharma v. The State Of Bihar

2024-01-05Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81424 of 2023 Arising Out of PS. Case No.-112 Year-2021 Thana- PANAPUR District- Saran ====================================================== YOGENDRA SHARMA SON OF TARKESHWAR SHARMA RESIDENT OF VILLAGE- HASANPURA, POLICE STATION- MADHAURA, DISTRICT-SARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Kumar Yadav For the Opposite Party/s :

Mr.Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-01-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 363, 366(A) of the IPC. 3.

Allegedly, petitioner is association with other co-accused persons are said to have kidnapped the minor sister of the informant with an intention to marry her.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to grudge. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. The statement of the victim was

Patna High Court CR. MISC. No.81424 of 2023(2) dt.05-01-2024 2/2 recorded u/s 164 Cr.P.C., in which, she has not supported the prosecution case. Petitioner has no criminal antecedent. 5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, since the victim has not supported the prosecution case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Panapur P.S. Case No.112 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T