Allowed

Vijay Kumar Sharma and Ors. v. The State Of Bihar

Patna HC8 Apr 2016CR. MISC./12956/2016

Case brief

AI extract

What is this about?

The Patna High Court granted anticipatory bail to relatives of the alleged kidnapper in a minor kidnapping and forcible marriage case, allowing their release upon surrender within four weeks if arrested, subject to specific bond conditions.

What did the court decide?

Petitioners to be released on bail if arrested/surrender within four weeks, furnishing Rs. 10,000 bonds with sureties and complying with court conditions.

Vijay Kumar Sharma and Ors. Vs The State Of Bihar — Child Sexual Offences (POCSO) | Patna HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.12956 of 2016

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Arising Out of PS.Case No. -158 Year- 2015 Thana -BIRPUR District- SUPAUL

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====================================================== 1. Vijay Kumar Sharma S/o Shiv Ram Sharma resident of village - Dahgama, P.S. Kairjain, District - Supaul 2. Sunila Kumar Sharma @ Sunil Kumar Sharma S/o Dinesh Sharma resident of village - Ratanpura, P.S. Ratanpur, District - Supaul 3. Deo Ram Sharma S/o Late Udan Sharma 4. Shiv Ram Sharma S/o Late Udan Sharma 5. Thakni Devi W/o Deo Ram Sharma 6. Sumitra Devi W/o Shiv Ram Sharma 7. Mamta Devi W/o Balram Sharma 8. Pawan Kumar Sharma S/o Deo Ram Sharma 9. Balram Sharma S/o Late Udan Sharma All resident of village - Dahgama, P.S. Kairjain, District - Supaul .... .... Petitioner/s

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Versus

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1. The State of Bihar .... .... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Nafisuzzoha For the Opposite Party/s : Mr. Jitendra Kr. Singh No.1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER

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2 08-04-2016 Heard the counsel for the petitioners and the State. Apprehending their arrest in connection with Birpur ( Bhimnagar O.P.) P.S. case no. 158 of 2015 registered under Sections 366A/34 of the IPC petitioners have prayed for grant of anticipatory bail.

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Petitioners are relatives of Suman Kumar who allegedly kidnapped 15-16 years old daughter of the informant for the purpose of forceful marriage. On retrieval the girl made

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Patna High Court Cr.Misc. No.12956 of 2016 (2) dt.08-04-2016

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statement under Section 164 of the Cr.P.C. in which she has not named any of the petitioners as accuseds. Learned counsel further states that Suman Kumar Sharma @ Suman Sharma has been released on anticipatory bail by this Court in Cr. Misc. no. 13698 of 2016. They have no criminal antecedent.

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Considering the facts and circumstances of the case, this Court is inclined to extend the privilege of anticipatory bail to the petitioners. Let the petitioners, named above, in the event of their arrest/surrender before the learned Court below within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned

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Additional Chief Judicial Magistrate, Birpur at Supaul in connection with Birpur ( Bhimnagar O.P.) P.S. case no. 158 of 2015, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. with further following conditions:-

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(i) One of the bailors shall be the own/close family member of the petitioner(s).

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(ii) As soon as the charges are framed the petitioner(s) shall appear in person before the trial court on the

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Patna High Court Cr.Misc. No.12956 of 2016 (2) dt.08-04-2016

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date(s) fixed at the trial. In case of default in such appearance on two consecutive dates, the trial Court shall have liberty to cancel the bail bonds of the petitioner(s) and secure their arrest in accordance with law

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(Kishore Kumar Mandal, J)

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Shyam/-

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U T

Vijay Kumar Sharma and Ors. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Vijay Kumar Sharma and Ors. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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