Patna High Court
Chiku Sharma @ Chiku KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court held that anticipatory bail should be granted as the petitioner has a clean antecedent and a compromise has been reached between the parties.
Summary
The petitioner, Chiku Sharma, was accused under Section 366 of the IPC for allegedly enticing the wife of an informant, along with her three children and Rs. 3 lakh in cash and jewellery, to leave her marital home. The petitioner contended that the alleged act never occurred, asserting that the woman left of her own free will, a compromise was reached between the parties, and he has a clean antecedent. The State opposed anticipatory bail, arguing that a woman with three children could not be easily lured. The Court considered the existence of a compromise, the petitioner's clean record, and the nature of the allegations, and decided to grant anticipatory bail with specific conditions. The order directed the petitioner to surrender within six weeks, furnish a bail bond, and comply with conditions under Section 482(2) of the CrPC, including not tampering with evidence or committing further offences.
Issues considered
- Whether anticipatory bail should be granted to the petitioner accused under Section 366 IPC.
- Whether the existence of a compromise and the petitioner's clean antecedent justify the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure — s. 482(2)
- Indian Evidence Act, 1872 — s. 183
- Indian Penal Code — s. 366
Subjects
- anticipatory bail
- IPC 366
- kidnapping and enticement
- compromise
- clean antecedent
- high court order
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30392 of 2026
Arising Out of PS. Case No.-80 Year-2024 Thana- LAXMIPUR District- Jamui
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Chiku Sharma @ Chiku Kumar S/o Late Dinesh Sharma @ Dinesh Mishtri
R/o - Matia Panchponiya Tola, P.S - Laxmipur, District - Jamui
... ... Petitioner/s
Versus
The State of Bihar .. ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Satya Prakash Parasar,Adv.
For the Opposite Party/s : Mr.Damodar Prasad Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 24-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending his arrest in
connection with Laxmipur P.S. Case No. 80 of 2024 dated
01.03.2024 for the offence punishable under sections 366 of the
IPC lodged by the informant.
3. As per the prosecution case, the allegation against
the petitioner is that he enticed away the wife of the informant
along with her three children and cash of Rs. 3 Lacs including
jewellery. Accordingly, the FIR.
4. Learned counsel for the petitioner submits that the
petitioner has not committed any offence as alleged in the FIR.
Learned counsel for the petitioner further submits that the
allegation against this petitioner is of having taken away the
wife of the informant having three children, who left the house
with Rs. 3 Lacs cash and jewellery with the intention to marry
Patna High Court CR. MISC. No.30392 of 2026(3) dt.24-06-2026
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with the petitioner. It is the case of the petitioner that the second
marriage is impermissible and the entire allegation is false and
frivolous and a compromise has also been arrived at between the
parties. It is the case of the petitioner that the wife of the
informant out of her own free will had left her house and stayed
with this petitioner and no pressure was ever exerted upon the
victim by this petitioner to leave her house. It has next been
submitted that the statement of the victim under section 183
BNSS was recorded wherein, she, under the pressure of the
informant, has alleged that the petitioner by luring her enticed
her away and also took Rs. 3 Lacs cash and stated that the
compromise so done was under pressure. Lastly, it has been
submitted that the petitioner has got clean antecedent and he is
ready to co-operate with the investigation and would not try to
tamper with the evidence, in case he is granted privilege of
anticipatory bail.
5. Learned APP opposes the prayer for anticipatory
bail, however, submits that a lady having three children cannot
be lured and enticed away easily.
6. Considering the nature of allegation and there is
already a compromise having been arrived between the parties,
though subsequently doubted by the informant, the petitioner
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has got clean antecedent, this Court is inclined to extend him the
privilege of anticipatory bail.
7. Let the petitioner, above named, be released on
bail in the event of arrest or surrender within a period of six
weeks from the receipt of this order, on furnishing bail bond of
Rs. 10,000/- (Ten thousand) with two sureties of like amount
each to the satisfaction of Bhavika Sinha, learned Judicial
Magistrate, 1st Class, Jamui/the court concerned in connection
with aforesaid PS Case, subject to the conditions as laid down
under Section 482(2) of the BNSS as well as the following
conditions:-
(i) one of the bailors should be the
family member/relative of the petitioner(s)
who shall provide official document to show
his/her bona fide;
(ii) the petitioner(s) shall appear
on each and every date before the Trial
Court and failure to do so for two
consecutive dates without plausible reason
will entail cancellation of his/their bail
bond by the Trial Court itself;
(iii) the petitioner(s) shall in no
way try to induce or promise or threat the
witnesses or tamper with the evidences,
failing which the State shall be at liberty to
take steps for cancellation of the bail bonds;
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(iv) the petitioner(s) shall desist
from committing any criminal offence again,
failing which the State shall be at liberty to
take steps for cancellation of his/their bail
bonds.
(Ajit Kumar, J)
perwez
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