Arun Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.22684 of 2021 Arising Out of PS. Case No.-129 Year-2020 Thana- DANDARI District- Begusarai ====================================================== ARUN JHA Son of Late Baleshwar Jha Resident of Village- Mohabba, P.S.- Dandari, District- Begusarai.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Sandip Kumar Gautam,Advocate For the Opposite Party/s :
Mr.Ram Sevak Choudhary,APP For the informant :
Mr.Satish Chandra,Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 21-08-2021 Learned counsel for the petitioner undertakes to remove all the defects pointed out by the Stamp Reporter within four weeks after start of normal functioning of the Court. Heard learned counsel for the petitioner, learned counsel for the informant and Mr. Ram Sevak Choudhary, learned APP for the State.
The petitioner in the present case is seeking regular bail in connection with Dandari P.S. Case No. 129 of 2020 registered for the offences punishable under Sections 366(A), 34 of the Indian Penal Code. He is in custody since 28.12.2020. Learned counsel for the petitioner submits that from the First Information Report itself it would appear that this petitioner has been made accused in this case only because he happens to be the father of the boy with whom allegedly the
Patna High Court CR. MISC. No.22684 of 2021(3) dt.21-08-2021 2/3 victim girl had gone. It is alleged that the informant had seen the son of this petitioner taking away his daughter. Learned counsel points out the order dated 17.06.2021 passed by learned A.C.J.M.-V, Begusarai in which the statement of the victim girl has been recorded and it is stated therein that she disclosed her age as 18 years and she wanted to live with her sasural people but later on when her school certificate was examined she was found aged 17 years 5 months 25 days whereafter on finding that she was not major she was sent with her mother.
Learned APP for the State as well as learned counsel for the informant have though opposed the prayer for regular bail of the petitioner but considering the facts and circumstances of the case, the materials noticed hereinabove, this Court directs release of the petitioner above named on bail on furnishing of bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand Only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Begusarai in connection with Dandari P.S. Case No. 129 of 2020, subject to the condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the
Patna High Court CR. MISC. No.22684 of 2021(3) dt.21-08-2021 3/3 court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
The application stands allowed.
(Rajeev Ranjan Prasad, J) SUSHMA2/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.