Vikash Jha @ Vikash Kr. Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6468 of 2025 Arising Out of PS. Case No.-416 Year-2024 Thana- BAHERI District- Darbhanga ====================================================== Vikash Jha @ Vikash Kr. Jha, Son of Ram Kumar Jha, Resident of VillageSusari, P.S.- Baheri, Distt.- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nafisu Zzoha, Advocate For the Opposite Party/s :

Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 19-02-2025 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant.

2. The petitioner apprehends arrest in connection with Baheri P.S. Case No. 416 of 2024 dated 27.11.2024 instituted for the offence punishable under Sections 137(2), 87 & 3(5) of the Bhartiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that on 20.11.2024, the informant took his daughter to his house from her matrimonial house. At 12 'O' clock in the night, it was found that his daughter was not present in the house and the door was opened. Thereafter, the informant came to know that the petitioner enticed his daughter and kidnapped her. It is also alleged that the parents of the petitioner abused and assaulted the informant.

Patna High Court CR. MISC. No.6468 of 2025(2) dt.19-02-2025 2/3

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that from perusal of the impugned order, it appears that the victim herself has stated in her statement recorded under Section 183 of B.N.S.S. that she left her house on 20.11.2024 at 12.00 'O' clock in the night and met with Vikash. There is no allegation against the petitioner that he kidnapped the victim. Learned counsel for the petitioner submits that the victim on her sweet will left the house and thereafter both went to Patna and from there they went to Hajipur Railway Station where she kept her ornaments. Learned counsel for the petitioner further submits that the victim was married lady aged about 18 and 1⁄2 years. Lastly, it has been submitted that petitioner has no criminal antecedents.

5. On the other hand, learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the prayer for anticipatory bail of the petitioner. Learned counsel for the informant submits that the petitioner has kidnapped the victim who is aged about 17 years.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of

Patna High Court CR. MISC. No.6468 of 2025(2) dt.19-02-2025 3/3 six weeks from today, in connection with Baheri P.S. Case No. 416 of 2024, he will be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Darbhanga, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Khatim Reza, J) premchand/- U T