Gauri Jha @ Gaudi Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10562 of 2023 Arising Out of PS. Case No.-421 Year-2022 Thana- BAHERI District- Darbhanga ====================================================== Gauri Jha @ Gaudi Jha S/O Laxman Jha R/O Village- Sirua, P.S.- Baheri, Distt- Darbhanga, Bihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abu Bakar For the Opposite Party/s :

Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 366A/34 of the Indian Penal Code.

As per prosecution case, informant alleged that on 05.12.202, her elder daughter was kidnapped by son of the petitioner for the purpose of marriage or ulterior motive. It is further alleged that when informant went to the house of the petitioner, upon his instigation, his family members assaulted the informant by means of lathi, danda.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Petitioner is father of the co-accused due to which he has

Patna High Court CR. MISC. No.10562 of 2023(2) dt.18-04-2023 2/2 falsely been implicated in this case. There is no specific allegation of kidnapping leveled against the petitioner rather it is leveled against co-accused, who happens to be son of the petitioner. Not a single witness whispered about his complicity in the alleged occurrence. He has got no criminal antecedent. It is further submitted that FIR has been lodged after delay of more than one week. Petitioner is languishing in judicial custody since 25.01.2023.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Baheri P.S. Case No. 421 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VII, Darbhanga. (Sunil Kumar Panwar, J) Manish/- U T