Murari Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13686 of 2023 Arising Out of PS. Case No.-254 Year-2022 Thana- ROSERA District- Samastipur ====================================================== Murari Kumar Jha S/O Shyam Sundar Jha R/O Village- Pawara, P.S.- Rosera, Distt- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar For the Opposite Party/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 363, 366(A), 376, 34 of the Indian Penal Code, Section 4 of the POCSO Act and Sections 3(1)(r), 3(2)(va) of the SC/ST Act.

It is alleged in the F.I.R that all the F.I.R named accused persons including the petitioner have kidnapped the minor daughter of the informant and this petitioner committed rape upon her and continued for 5 days and thereafter the victim was married to a 60-70

Patna High Court CR. MISC. No.13686 of 2023(3) dt.07-08-2023 2/3 years old person.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. For the alleged occurrence of 03.05.2022, the F.I.R was registered on 04.08.2022 without explaining the delay. The age of the victim was found between 15-16 1⁄2 years. The petitioner is languishing in custody since 15.10.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Moreover, other co-accused has been granted anticipatory bail by a coordinate Bench of this Court vide order dated 07.07.2023 passed in Cr. Misc. No. 15542 of 2023.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VI-cum-Special Court, POCSO, Samastipur in

Patna High Court CR. MISC. No.13686 of 2023(3) dt.07-08-2023 3/3 connection with Samastipur Rosera P.S. Case No. 254 of 2022.

(Sunil Kumar Panwar, J) Shageer/- U T