Raja Sharma @ Sagar Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65573 of 2019 Arising Out of PS. Case No.-44 Year-2019 Thana- MAHILA P.S District- West Champaran ====================================================== 1.

RAJA SHARMA @ SAGAR KUMAR SHARMA Son of Basant Sharma @ Basant Lohar.

2.

Basant Sharma @ Basant Lohar Son of Late Ramnawal Sharma both Resident of Village - Babui Tola, P.S.- Bagaha, Distt.- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Ansar Ul Haque ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-12-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 366(A)/34 of the Indian Penal Code.

Prosecution case as lodged by the informant is that on 15.08.2019 his daughter Sonali Kumari aged about 16 years 7 months had gone from home to appear in Jhandatolan ceremony in Project Balika High School, Bagaha but his daughter did not return to home then he started to search his daughter and came in knowledge that his daughter has been kidnapped by Azad Miya, Mansur Miya and wife of Mansur Miya, Raja Sharma, Basant Sharma and Aman Mian for the purpose of marriage with her. On the basis of written petition of informant, the instant case has been registered.

Patna High Court CR. MISC. No.65573 of 2019(3) dt.18-12-2019 2/2 Learned counsel for the petitioners submits that petitioners are innocent and have committed no offence as alleged. He submits that 164 Cr.P.C. statement of the victim girl has been recorded by the Magistrate in which she has not taken name of the petitioners. He submits that there is no specific allegation against the petitioners. He further submits that petitioners have no criminal antecedent as stated in para-3 of the bail petition.

In the facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Bagaha, West Champaran in connection with Bagaha Mahila Police Station Case No. 44 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) devendra/- U T