Ashutosh Kumar Jha @ Mitthu Jha @ Ashutosh Jha v. The State Of Bihar

Patna High Court Cr.Misc. No.2167 of 2018 (2) dt.16-01-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2167 of 2018 Arising Out of PS.Case No. -619 Year- 2017 Thana -SUPAUL District- SUPAUL ====================================================== Ashutosh Kumar Jha @ Mitthu Jha @ Ashutosh Jha, Son of Mira Kanth Jha, resident of Village- Balha (Ward No.-9), P.S. & District- Supaul. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arun Kumar Jha, Adv For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 16-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 25.10.2017 in connection with Supaul P.S. Case No. 619 of 2017 for the alleged offences under Sections 363, 366(A), 120B and 34 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated as evident from the deposition of the so-called victim girl recorded under Section 164 Cr. P. C. where her age has been stated as 17 years. She has categorically stated that she was not kidnapped nor induced by anyone rather she had voluntarily gone to her maternal grandmother's house. The petitioner claims clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Supaul, in connection with

Patna High Court Cr.Misc. No.2167 of 2018 (2) dt.16-01-2018 Supaul P.S. Case No. 619 of 2017 on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(iv) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/BT U T