Amit Kumar Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86284 of 2024 Arising Out of PS. Case No.-260 Year-2024 Thana- TARAPUR District- Munger ====================================================== Amit Kumar Sharma S/O Chhotelal Sharma R/O Village- Baroutha, P.O - Karanja Police Station- Sambhuganj, District- Banka ( Bihar) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Diksha Kumari, Adv For the Opposite Party/s :
Mr. Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 16-01-2025 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Tarapur Police Station Case No. 260 of 2024, dated 22.09.2024, disclosing offences under Sections 137 (2), 96 o the Bhartiya Nyaya Sanhit, 2023.
3. The prosecution case, on 22.09.2024, the informant's daughter had gone to market for purchasing sugar but she did not return. It has further been alleged that his daughter used to attend coaching class of the petitioner at Mohanganj and the petitioner used to talk with the victim girl on mobile phone regularly. The suspicion has been raised that the petitioner enticed his daughter and fled away with her.
4. Learned counsel for the petitioner submits that the petitioner has not kidnapped or abducted the victim girl and she
Patna High Court CR. MISC. No.86284 of 2024(2) dt.16-01-2025 2/2 willingly went with the petitioner. As per the statement recorded u/s 180 and 183 of the B.N.S.S., the victim girl went to purchase an ice-cream and fled away with the petitioner on her own will. The petitioner has clean criminal antecedent as stated in paragraph no. 3 of the bail petition.
5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that the statement of the victim girl recorded u/s u/s 180 and 183 of the B.N.S.S., she left her home on her own will, I am inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Munger in connection with Tarapur Police Station Case No. 260 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) Jyoti/- U T