Kaushal Jha @ Kaushal Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39721 of 2023 Arising Out of PS. Case No.-126 Year-2021 Thana- MADHEPUR District- Madhubani ====================================================== Kaushal Jha @ Kaushal Kumar Jha Son Of Shri Jay Shankar Jha Resident Of Village- Chunni, Block Madhepura, Ps- Madhepur, District- Madhubani, Bihar, 847408 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vishal Kumar Singh For the Opposite Party/s :

Mr. Murli Dhar For the Informant : Mr. Sanjay Kr. Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-09-2023

1. Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 324, 307, 504, 506, 342, 354, 354A, 354B, 498A, 34 of the Indian Penal Code.

3. As per prosecution case, the informant alleged that co-accused, namely, Rahul Jha sexually exploited her and solemnized marriage with her later on he deserted her. It is further alleged that the petitioner in inebriated condition always try to outrage her modesty and upon protest, she was severely beaten by him.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The

Patna High Court CR. MISC. No.39721 of 2023(3) dt.13-09-2023 2/2 petitioner is uncle of informant's husband and he has falsely been implicated in this present case. The petitioner has no concern mess and business of the informant as well as her husband and was living separately from them. Similarly situated co-accused persons have already been granted bail by a coordinate Bench of this Court vide order dated 24.01.2023 passed in Cr. Misc. No. 65896 of 2022. It is further submitted that the petitioner is languishing in judicial custody since 16.02.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Madhepur P.S. Case No. 126 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court.

(Sunil Kumar Panwar, J) Manishkumar/- U T