Anand Sharma @ Anand Kumar Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1892 of 2024 Arising Out of PS. Case No.-350 Year-2023 Thana- BANMANKHI District- Purnia ====================================================== Anand Sharma @ Anand Kumar Sharma Son Of Pappu Sharma, Resident of Village - Parora, Milki Tola, Police Station - K. Nagar, District - Purnea ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raj Kumar, Advocate For the Opposite Party/s :
Mr.Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 24-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Special Case No.150/2023, arising out of Banmankhi P.S. Case No.350/2023 lodged on 26.07.2023 under Section 363, 366A of the Indian Penal Code.
3. As per the prosecution case, the FIR has been lodged against five named accused persons including the petitioner alleging therein that they have kidnapped the minor daughter of the informant with a view to marrying the informant's daughter.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.1892 of 2024(2) dt.24-01-2024 2/3 petitioner is innocent and has committed no offence. He further submits that the victim in her statement under Section 164 Cr. P.C. has stated that she went in the company of the petitioner on the instruction of the petitioner. He further submits that Vide annexure -P3, the medical report of the victim issued from the Government Medical College and Hospital, Purnea has been attached wherein the age of the victim has been determined between 18-19 years in dental checkup whereas in the X-ray examination, the age of the victim has been determined between 18-20 years. The petitioner is in custody since 30.07.2023 having no criminal antecedent. The chargesheet has already been framed in this case.
5. Learned counsel for the State opposes the prayer for bail.
6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named be released on bail, but only after framing of charge, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned ADJ-6-cum-Special Judge (POCSO Act), Purnea in connection with Special Case No.150/2023, arising out of Banmankhi P.S. Case No.350/2023, subject to the conditions as
Patna High Court CR. MISC. No.1892 of 2024(2) dt.24-01-2024 3/3 laid down under Section 437(3) of the Code of Criminal Procedure.
(Dr. Anshuman, J) Ashwini/- U T