Patna High CourtCR. MISC./77733/2023bail granted

Mahesh Sharma v. The State Of Bihar

2024-03-14Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77733 of 2023 Arising Out of PS. Case No.-99 Year-2023 Thana- KARJAIN District- Supaul ====================================================== Mahesh Sharma Son Of Shri Mahendra Sharma Resident Of Village- Nirmali P.S. Balua Bazar, District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amrit Abhijat For the Opposite Party/s :

Mr.Rajiv Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 14-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Karjain (Karjaain) P.S Case No. 99 of 2023 registered for the offences punishable under Sections 363 / 366A / 341 / 323 / 504 / 34 of the I.P.C.

3. As per prosecution case, petitioner along with co-accused have abducted the informant's daughter with a intention of marriage.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is further submitted that victim with her free will went with

Patna High Court CR. MISC. No.77733 of 2023(3) dt.14-03-2024 2/2 the petitioner and no allegation against the petitioner regarding sexual assault by the petitioner in the victim's 161 Cr. P.C statement. Petitioner has got no criminal antecedent as stated in para 3 of the bail petition. It is also submitted that petitioner is in judicial custody since 19.07.2023.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the FIR, impugned order and period of custody and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M, Birpur, District- Supaul in connection with Karjain (Karjaain) P.S Case No. 99 of 2023.

(Ramesh Chand Malviya, J) Mayank/- U T