Shudhakar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53337 of 2017 Arising Out of PS.Case No. -149 Year- 2007 Thana -SAKRA District- MUZAFFARPUR ======================================================

1. Shudhakar Jha S/o Udayshankar Jha Resident of Village- Dharmagatpur, P.S. Sakra, District- Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar @ S.K. For the Opposite Party/s : Mr. Sir Pawan Kumar Chaurasiya ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-02-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Sakra PS case no. 149 of 2007 registered for the offences punishable under Section 372/34 of Indian Penal Code.

The allegation of the informant is that when she had gone to the orchard, on the alleged date of occurrence, three of the accused persons had persuaded her to go to Delhi where her sister is said to be living. Thereafter, the informant had gone to Muzaffarpur and boarded a train to Delhi, however in between at Lucknow, the G.R.P. personnel had recovered her and sent her back to her parents. The petitioner and several other persons have

Patna High Court Cr.Misc. No.53337 of 2017 (4) dt.01-02-2018 2/3 been named in the FIR to be the persons who were trying to sell the informant.

The learned counsel for the petitioner submits that as far as the petitioner is concerned, he is not one of those coaccused persons who had either forced the informant to go to Delhi or had forced her to board the train. It is further submitted that the petitioner has been falsely roped in the present case on the ground of suspicion and similarly situated co-accused persons have already been granted bail. Lastly, it is submitted that the police had submitted the final report, finding the case to be untrue, however, the learned Magistrate after lapse of 08 years, took cognizance in the matter.

Having regards to the facts and circumstances of the case, I deem it fit and appropriate to admit the petitioner to the privilege of anticipatory bail. Accordingly, the abovenamed petitioner, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M.-cum-Sub-Judge, 13th Muzaffarpur in connection with Sakra PS case no. 149 of 2007 subject to the

Patna High Court Cr.Misc. No.53337 of 2017 (4) dt.01-02-2018 3/3 conditions as laid down under Section 438(2) of Code of Criminal Procedure.

(Mohit Kumar Shah, J) rinkee/- U T