Sandeep Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.636 of 2019 Arising Out of PS. Case No.-588 Year-2016 Thana- MOTIHARI TOWN District- East Champaran ====================================================== Sandeep Kumar Jha, aged 21 years (M), Son of Sri Anil Kumar Jha, Resident of Village- Dudhiyawa, P.S.- Paharpur, District- East Champaran. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Chandra Verma, Adv.

For the Informant :

Mr. Dhananjay Kr. No. 2, Adv.

For the Opposite Party/s :

Ms. Sahin Begam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 17-01-2019 Heard the learned counsel for the petitioner, informant and the State.

The petitioner seeks bail in anticipation of his arrest in connection with Motihari Town P.S. Case No. 588 of 2016, dated 19.09.2016, instituted for the offences under Sections 363 and 366 of the Indian Penal Code. The allegation in the F.I.R. is that the petitioner

Patna High Court Cr.Misc. No.636 of 2019(2) dt.17-01-2019 2/3 along with his sister, who is a friend of the daughter of the informant, enticed her away for the purposes of marrying her. When a case to this effect was lodged by the informant, the police, after investigation, found the allegation to be false and, therefore, final report false was submitted. The aforesaid conclusion was drawn by the investigating agency because of the statement given by the daughter of the informant that she had not been kidnapped; rather she had, of her own volition, come out of her parental house to marry the petitioner. The final form which was submitted in the case, referred to above, was accepted by the Court below and the protest petition, which was already lying on record, was again sent for institution of a regular case. Hence, the present F.I.R.

The daughter of the informant is leading a married life with the petitioner and she, at the present time, is a major.

The learned counsel for the informant has seriously opposed the prayer for anticipatory bail and so has the learned counsel for the State.

Patna High Court Cr.Misc. No.636 of 2019(2) dt.17-01-2019 3/3 However, considering the aforesaid facts, the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks from the date of receipt/production of a copy of the present order, is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-XIV, Motihari, East Champaran in connection with Motihari Town P.S. Case No. 588 of 2016, subject to the conditions laid down under Section 438(2) of the Cr.P.C. (Ashutosh Kumar, J) Praveen-II/- U T