Manish Kumar Jha @Moni Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31333 of 2023 Arising Out of PS. Case No.-1024 Year-2021 Thana- KHAJANCHI HAT District- Purnia ====================================================== MANISH KUMAR JHA @MONI JHA s/o Birendra Jha Resident of VillageKasari, P.S.- Antichak, District- Bhagalpur ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Bijendra Kumar For the Opposite Party/s :

Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 366(A), 504 and 506/34 of the Indian Penal Code pending in the learned court below.

3. As per the prosecution case, petitioner along with other co-accused persons is said to have kidnapped the minor daughter of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that from medical report of the alleged victim, the doctor opined the the age of victim is above 20 years and there is no sign of rape at the time of examination. He submits that there is no specific overt act allegation against the

Patna High Court CR. MISC. No.31333 of 2023(2) dt.17-07-2023 2/2 petitioner in the statement of victim recorded under Section 161 of Cr.P.C. and under Section 164 Cr.P.C. He further submits that the matter is related to love affair and both parties are major. He further submits that petitioner has got two criminal antecedents as stated in para-3 of the bail application.

5. Per contra, learned APP for the State vehemently opposing the bail application and submits that from perusal of the academic certificate the date of birth of the victim girl is 25.03.2004 and the date of occurrence is 29.10.2021 which means the victim girl is a minor and the learned Judicial Magistrate also assessed her age as 17 years at the time of occurrence. Hence, he does not deserve anticipatory bail.

6. Considering the facts and circumstances of the case and the fact that the victim is a minor, I am not inclined to enlarge the petitioner on bail in connection with K. Hat (Maranga) P.S. Case No. 1024/2021. Accordingly, his prayer for anticipatory bail is hereby rejected.

(Anjani Kumar Sharan, J) ajay/- U T