Kundan Kumar Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5463 of 2019 Arising Out of PS. Case No.-25 Year-2018 Thana- MAHILA THANA District- Begusarai ====================================================== Kundan Kumar Jha, son of Lal Jha @ Madhusudhan Prasad Jha, Resident of Village-Korai, P.S.- Garhpura, District - Begusarai ... ... Petitioner/s
Versus
The State of Bihar and Anr.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sabal Kumar Jha For the Opposite Party/s :
Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 08-03-2019 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the informant. In this case, the petitioner is seeking anticipatory bail in connection with Mahila P.S. Case No.25 of 2018, registered for the offence punishable under Section 376 of the Indian Penal Code.
The allegation has been made that on the false assurance of marriage, the petitioner has sexually exploited the informant for last three years and, thereafter, he resiled from his own commitment.
The girl herself appeared before this Court and in open Court, she has stated that nothing has happened to her and she has filed an application before the SDJM, Begusarai , which has been attached with this petition, in which she has stated that
Patna High Court CR. MISC. No.5463 of 2019(3) dt.08-03-2019 2/2 at the instigation of some antisocial element, she lodged the false criminal case. It is so serious in the sense that if nothing has happened then this girl has tried to falsely implicate this boy (petitioner) in a serious case.
Looking to the age of the girl, who was present before this Court, this Court is not giving direction for lodging a case against her, but looking to the entirety, let the petitioner, abovenamed, be released on anticipatory 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 bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Begusarai in connection with Begusarai Mahila P.S. Case No.25 of 2018 subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Shivaji Pandey, J) V.K.Pandey/- U T