Sunny Kumar @ Suraj Kumar @ Kumar Suraj @ ... vs The State Of Bihar on 11 September, 2023

[Cites 8, Cited by 0]

Patna High Court - Orders

Sunny Kumar @ Suraj Kumar @ Kumar Suraj @ ... vs The State Of Bihar on 11 September, 2023

Bench: Anjani Kumar Sharan

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.42485 of 2023
                   Arising Out of PS. Case No.-25 Year-2023 Thana- SAHARSA SADAR District- Saharsa
                 ======================================================
                 Sunny Kumar @ Suraj Kumar @ Kumar Suraj @ Sanni Mandal S/O Shankar
                 Kumar @ Bablu Mandal @ Shankar Mandal R/O Village/Mohalla-
                 Nayabazar, Ward No. 09, P.S- Saharsa, Distt.- Saharsa (Bihar)
                                                                               ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Anant Kumar 1
                 For the Opposite Party/s :      Mr. Murli Dhar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN
                                       ORAL ORDER

3   11-09-2023

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 363, 366(A), 120(B), 506/34 of the Indian Penal Code and Section 8 and 12 of the POCSO Act.

3. As per the prosecution case, it is alleged that the petitioner along with other accused persons kidnapped the grand daughter of the informant for the purpose of solemnizing unlawful marriage.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that Patna High Court CR. MISC. No.42485 of 2023(3) dt.11-09-2023 2/2 the statement of the victim was recorded u/s 164 of the Cr.P.C., in which she has not supported the prosecution case. He further submits that the victim solemnized marriage with the petitioner and is living in her sasural. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and the fact that there is no specific overt act against the petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Saharsa Sadar P.S. Case No. 25 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) anand/-

U       T

Unlock Advanced Research with PRISMAI

Patna High Court - Orders