Patna High Court - Orders
Sonu Sharma vs The State Of Bihar on 19 December, 2018
Author: Sudhir Singh
Bench: Sudhir Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.55242 of 2018
Arising Out of PS. Case No.-115 Year-2018 Thana- JALALGARH District- Purnia
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Sonu Sharma, S/o Late Pahuplal Sharma, R/o Vill.- Chak Hat, P.S.- Jalalgarh,
District- Purnea.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
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Appearance :
For the Petitioner : Mr. Bikramdeo Singh and Mr. Md. Nadimul
Hasan, Advocate.
For the Opposite Party : Mr. Braj Kishore Prasad, A.P.P.
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CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
ORAL ORDER
5 19-12-2018Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner is apprehending his arrest in a case for the offence registered under Sections 363, 365 and 370 of the IPC. Later on, Sections 302, 201 and 120(B)/34 of the IPC were also added.
The prosecution story, in brief, is that on 23.06.2018 at about 10.00 A.M., maternal aunt (Mausi) of the informant, namely, Mala Devi and Kalawati came to Jalalgarh Market from their house and from where they remained traceless. Informant and his family members started searching his Mausi Patna High Court Cr.Misc. No.55242 of 2018(5) dt.19-12-2018 2/3 but they did not trace out. It is alleged that unknown miscreants kidnapped them.
It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. There is no substantive evidence to suggest the implication of this petitioner in the present case. Except for confessional statement of co-accused, there is no eye witness to the alleged occurrence. Other co-accused Parmanand Yadav has been granted anticipatory bail by another Co-ordinate Bench of this Court vide Cr. Misc. No. 59175 of 2018 order dated 02.11.2018.
On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Purnea, in connection with Jalalgarh P.S. Case No. 115 of 2018, Patna High Court Cr.Misc. No.55242 of 2018(5) dt.19-12-2018 3/3 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
U.K./- (Sudhir Singh, J) U T