Manohar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80595 of 2023 Arising Out of PS. Case No.-129 Year-2023 Thana- CHARPOKHARI District- Bhojpur ====================================================== Manohar Sharma S/O Late Paspati Thakur @ Late Paspati Sharma VillageMadhomath (CHAUCHKA), Ps. Kuchaikot, Dist. Gopalganj. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Jha For the Opposite Party/s :

Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Section 366(A) of the Indian Penal Code. It is a case of abduction of minor sister of the informant by the co-accused persons in connivance with petitioner.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. There is inordinate delay of 25 days in lodging the F.I.R. Petitioner is father of co-accused Monu Sharma, upon whom the allegation of abducting the informant's sister has been levelled. There is no specific overt act of

Patna High Court CR. MISC. No.80595 of 2023(2) dt.14-12-2023 2/2 allegation against the petitioner. Moreover, the petitioner is languishing in judicial custody since 12.08.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Charpokhari P.S. Case No. 129 of 2023 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 Judicial Magistrate 1st Class, Bhojpur, Ara.

(Sunil Kumar Panwar, J) Nirajkrs/- U T