Patna High Court - Orders
Saran Mehta @ Sarang Kumar vs The State Of Bihar on 31 July, 2023
Author: Rajesh Kumar Verma
Bench: Rajesh Kumar Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36396 of 2023
Arising Out of PS. Case No.-147 Year-2023 Thana- DUMRA District- Sitamarhi
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SARAN MEHTA @ SARANG KUMAR SON OF MOHAN MEHTA @
MAHESH KUMAR MEHROTRA RESIDENT OF VILLAGE- SURSAND
@ SURSAND WEST WARD NO. 15, PS- SURSAND, DISTT- SITAMARHI
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Santosh Kumar, Adv.
For the Opposite Party/s : Mrs. Anita Kumari, APP
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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 31-07-20231. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail, who is in custody since 23.03.2023 in connection with Dumra P.S. Case No. 147/2023, dated 18.03.2023, for the offences punishable under Sections 363, 366(A), 504, 506 and 34 of the IPC.
3. According to prosecution case, the petitioner along with other co-accused persons are alleged to have kidnapped the minor daughter of the informant.
4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that in fact the petitioner was in love with the victim and the statement of the Patna High Court CR. MISC. No.36396 of 2023(3) dt.31-07-2023 2/3 victim was recorded under section 164 Cr.P.C., in which, she has categorically stated that she intend to marry with the petitioner and she has not stated anything about the sexual assault by the petitioner. He further submits that the police after investigation submitted the charge sheet against the petitioner and the petitioner is in custody since 23.03.2023.
5. Learned Additional Public Prosecutor for the State on the other hand has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-VI-cum-Special Judge (POCSO Act), Sitamarhi in connection with Dumra P.S. Case No.147/2023, subject to the following conditions:-
1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
2. If the petitioner tampers with the evidence or the Patna High Court CR. MISC. No.36396 of 2023(3) dt.31-07-2023 3/3 witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) amit/-
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