Sanjay Singh @ Sanjay Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73725 of 2019 Arising Out of PS. Case No.-153 Year-2019 Thana- SHAHKUND District- Bhagalpur ====================================================== SANJAY SINGH @ SANJAY KUMAR SINGH (Male), aged about 45 years, son of Late Mithun Singh, Resident of Village - Narayanpur, P.S.- Shahkund (Sajour), Distt - Bhagalpur.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Ghosarvey, Advocate For the Opposite Party/s :

Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 16-07-2020 Heard learned counsel for the petitioner and learned APP for the State through virtual Court proceeding. In this case, the petitioner is seeking anticipatory bail in connection with Shahkund (Sajour) P.S. Case No.153 of 2019 (G.R. No.2547 of 2019), registered for the offence under Section 366/ 34 of the Indian Penal Code.

An F.I.R. has been lodged by Nani of the victim stating therein that on 01.05.2019 her Natini went to the market but, did not return. Upon search, the informant came to know that accused persons including this petitioner kidnapped her Natini for the purposes of marriage.

Earlier, this Court vide order dated 26.11.2019 had called for the case diary and vide order dated 05.03.2020 this

Patna High Court CR. MISC. No.73725 of 2019(4) dt.16-07-2020 2/3 Court had called for the status report from the Superintendent of Police, Bhagalpur, regarding steps taken for recovery of the victim girl. Whereafter, the victim girl has been recovered from Platform No.1 of Bhagalpur Junction, which is apparent from paragraph nos. 100 and 103 of the case diary. In paragraph no.103 of the case diary, the victim made statement that she had gone to see Mella and she gave a call to her husband namely, Mithun Rajak to see the Mella but, he asked her to get land registered and bring the money. It has also been stated that accused Sanjay Kumar, Shanti Devi and Nisha Kumari enticed her and taken to Delhi and thereafter Rajasthan.

Learned counsel for the petitioner submits that the victim of her own has gone to see the Mella and was not ready to live with her husband, so she of her own left the house. He further submits that the victim has been recovered from Platform No.1 of Bhagalpur Junction (Bihar) not from Delhi or Rajasthan. Looking to the statement of the victim as well as facts and circumstances of the case, let the above-named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned Court below within a period of eight weeks from today, on furnishing bail bonds of Rs.

Patna High Court CR. MISC. No.73725 of 2019(4) dt.16-07-2020 3/3 the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Bhagalpur, in connection with Shahkund (sajour) P.S. Case no.153 of 2019 (G.R. No. 2547 of 2019), subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Shivaji Pandey, J) pawan/- U T