Vipin Bihari Sharma @ Bipin Bihari @ Bipin Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43280 of 2018 Arising Out of PS. Case No.-321 Year-2017 Thana- PALIGANJ District- Patna ====================================================== Vipin Bihari Sharma @ Bipin Bihari @ Bipin Sharma S/o Sri Ram Vinay Sharma, R/o Vill.- Sohsa, Post office-Sohsa, P.S.- Mehandiya, District- Arwal. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar For the Opposite Party/s :

Mr. Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 19-07-2018 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is apprehending his arrest in connection with Paliganj P.S. Case No. 321 of 2017 registered for offences under sections 363, 366, 120(B)/34 of the Indian Penal Code.

In this case, an allegation has been made that the petitioner, who is Jija of the victim girl, has kidnapped the younger daughter of the Informant, namely, Yeshwarya Nidhi but, in the statement made by her under Section 164 of the Cr.P.C., she has stated that her elder sister is mentally challenged and, as such, she used to go along with her elder sister and gradually she developed physical relationship with the petitioner. She further states that she is discharging all the

Patna High Court Cr.Misc. No.43280 of 2018(2) dt.19-07-2018 2/2 liabilities of marital relationship with the petitioner what was discharged by her elder sister. She has further stated that the allegation of kidnapping by the present petitioner is completely incorrect rather she is voluntarily serving the petitioner along with her elder sister.

Looking to the entire facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Danapur, Patna in connection with Paliganj P.S. Case No. 321 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also subject to condition that whenever the police will call the petitioner for investigation/interrogation, he will remain present and if he would not present himself, the privilege of grant of anticipatory bail shall be deemed to have been canceled.

(Shivaji Pandey, J) rishi/- U T