Shashi Kant Ojha @ Shashikant Ojha @ Jitu Ojha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30950 of 2020 Arising Out of PS. Case No.-157 Year-2019 Thana- RASULPUR District- Saran ====================================================== SHASHI KANT OJHA @ SHASHIKANT OJHA @ JITU OJHA S/o Sri Rajendra Ojha R/o Village- Baliya, P.S.- Rasulpur, District- Saran at Chapra. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jeetendra Narayan For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-11-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 363 and 366A of I.P.C. Prosecution case, in short, is that the petitioner abducted the daughter of the informant with intent to marriage. It has been submitted on behalf of the petitioner that the petitioner is in custody since 20.11.2019 and has got no

Patna High Court CR. MISC. No.30950 of 2020(2) dt.26-11-2020 2/2 criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The name of the petitioner has transpired in this case merely on the basis of suspicion. The case was instituted after nine days of the alleged occurrence. From perusal of Annexure 2, it is evident that the victim and the petitioner were in love affairs. Subsequently they got married. The victim was in a family way and during pregnancy due to medical problem she went into excessive bleeding, which led to her death. Same is evident from Annexure 3 to the present application, which is the postmortem report of the victim. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-11, Saran at Chapra in connection with Rasulpur P.S. case No.157 of 2019.

Narendra/- (Sudhir Singh, J) U T