Vikash Kumar Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8298 of 2017 Arising Out of PS.Case No. -411 Year- 2016 Thana -BAHADURPUR District- DARBHANGA ====================================================== Vikash Kumar Jha, Son of Kamlesh Jha, Resident of village & Post Jogiyara, P.S. Bahadurpur, District - Darbhanga .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.10692 of 2017 Arising Out of PS.Case No. -411 Year- 2016 Thana -BAHADURPUR District- DARBHANGA ====================================================== Kamlesh Jha, Son of late Baleshwar Jha, Resident of village & Post Jogiyara, P.S. Bahadurpur, District Darbhanga. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
(In Cr.Misc. No.8298 of 2017) For the Petitioner/s : Mr. Amarendra Narayan For the Opposite Party/s : Mr. Sri Prem Kumar Jha (In Cr.Misc. No.10692 of 2017) For the Petitioner/s : Mr. Amarendra Narayan For the Opposite Party/s : Mr. Sri Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 26-04-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 363 and 366A of the Indian Penal Code.
Allegation against the petitioners is of kidnapping of daughter of the informant namely Nisha Bharti. The victim girl in her statement under Section 164 Cr.P.C. stated that she has
Patna High Court Cr.Misc. No.8298 of 2017 (5) dt.26-04-2017 voluntarily married with petitioner Vikash Kumar Jha with whom she had love affairs.
Learned counsel for the informant opposed the prayer for bail on the ground that victim was a minor. Hence, her consent was immaterial.
Evidence of victim is an important piece of evidence so far she says that no offence has been committed against her by any one.
Considering the aforesaid facts, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Darbhanga/Successor Court in connection with Bahadurpur P.S. Case No.411 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and subject to the further condition that petitioners shall fully cooperate with the investigation and trial of the case, failing which the Court below shall be at liberty to take steps for cancellation of the bail bonds of the petitioners in this case.
Arvind/- (Birendra Kumar, J) U T