Raj Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19018 of 2021 Arising Out of PS. Case No.-37 Year-2020 Thana- KISHUNPUR District- Supaul ====================================================== RAJ KUMAR JHA SON OF LATE MARKENDAY JHA Resident of Village - Murli, P.S.- Kishanpur, Distt.- Supaul.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nafisuzzoha, Advocate For the Opposite Party/s :

Mr. Anand Mohan Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 21-10-2021 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in connection with a case registered under sections 365 and 34 of the Indian Penal Code. As per the prosecution case, the husband of the informant was kidnapped. The informant further states that the petitioner having threatened her husband, she suspects him to have hand in the kidnapping.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case because of previous dispute which is evident from the FIR itself. It is further submitted that besides there being inordinate delay of 20 days in lodging of the FIR, even from the contents of the statement under section 164 Cr.P.C of the husband of the

Patna High Court CR. MISC. No.19018 of 2021(3) dt.21-10-2021 2/2 informant which has been brought on record as Annexure 2 to the petition, no case is made out against this petitioner. At best an unfounded suspicion has been raised by the informant and her husband. The petitioner is in custody since 18.11.2020 and has no criminal antecedent. Charge sheet has been submitted in the case.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, the submissions made on behalf of learned counsel for the petitioner together with the materials on record, the Court directs the petitioner to be enlarged on bail in connection with Kishanpur P.S. Case no. 37 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Supaul. (Partha Sarthy, J) Prakash/- U