Jobis Thomas @ Jobish Thomas v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36997 of 2016 Arising Out of PS.Case No. -16 Year- 2016 Thana -SURYAGARHA District- LAKHISARAI ====================================================== JOBIS THOMAS @ JOBISH THOMAS, Son of Thomas, Resident of Village- Odemeshar, Post Kana Thana, P.S. Kelakam, District Kaimur in the State of Kerala.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Sanjeev Kumar, Advocate. For the Opposite Party : Smt. Indu Bala Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-12-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Surajgarha P.S. Case No. 16 of 2016 for the offences instituted under Sections 366/34 of the IPC.

It is alleged that the Principal Tijo Thomas and his brother Jobis Thomas(petitioner) being the teacher of Sant. Mery English School, Surajgarha, kidnapped the daughter of the informant, who was also a teacher in the said School. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The

Patna High Court Cr.Misc. No.36997 of 2016 (4) dt.15-12-2016 2/2 petitioner and the victim both are major. They have got married in a Temple, a certificate to that is Annexure-4 and they wanted to lead conjugal life together.

On behalf of the State, it has been submitted that the petitioner is named in the F.I.R. The victim has been examined under Section 164 Cr. P.C. where she has made an allegation of sexual abuse against the petitioner.

Considering the aforesaid facts and circumstances, I am not inclined to grant anticipatory bail to the petitioner. The same is rejected in connection with Surajgarha P.S. Case No. 16/2016, pending in the court of learned C.J.M. Lakhisarai. If the petitioner surrenders in the court below, the same shall be considered on its own merit without being prejudiced by the order of this Court. The provisional bail granted to the petitioner vide order dated 21.09.2016 is, hereby, cancelled.

It is further submitted that the petitioner wants to compromise the present case. If any, compromise petition, is filed in the court below, the same shall be considered while considering the regular bail of the petitioner.

U.K./- (Sudhir Singh, J) U T