Monu Kumar Jha @ Monu Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38122 of 2025 Arising Out of PS. Case No.-16 Year-2024 Thana- Bargaon District- Darbhanga ====================================================== MONU KUMAR JHA @ MONU JHA S/O LATE RANJEET JHA R/o vill - Paghari, P.s.- Biroul, Distt.- Darbhanga ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
PRAVEEN KUMAR SINGH S/O LATE GANGA PRASAD SINGH R/o vill - Parsarma, P.s. - Bargaon, Dist.- Darbhanga ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Deepak Kumar, Advocate For the State :
Mr.Uma Shankar Prasad Singh, APP For the Informant :
Mr.Arvind Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 06-08-2025 Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State.
2. The petitioner seeks bail in a case registered for the offences under Sections 363, 366(A), 506, 34 of I.P.C. in which charge sheet has been submitted under Sections 363, 366 (A), 354 (C ) of the I.P.C. and Section 8 of the POCSO Act.
3. As per the prosecution case, the petitioner and one another Krishna Choudhary are stated to have kidnapped the victim girl who subsequently returned on her own.
4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this
Patna High Court CR. MISC. No.38122 of 2025(3) dt.06-08-2025 2/3 case. Learned counsel further submits that the main allegation of kidnapping is upon one Krishna Choudhary, co-accused who had already been granted bail by a Coordinate Bench of this Court vide order dated 16.04.2025 passed in Cr. Misc. No. 17259/2025. It is lastly submitted that the petitioner has clean antecedent and is in custody since 06.02.2025.
5. Learned counsel for the informant and learned APP for the State have jointly opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances of the case and taking into account that the statement of victim recorded under Section 164 Cr.P.C., let the petitioner abovenamed be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Bargaon P.S. Case No. 16/2024 subject to the conditions :- a. One of the bailors of the petitioner shall be his close relative.
b. The petitioner shall remain physically present in Court on each date of the trial.
c. The petitioner should refrain in interaction
Patna High Court CR. MISC. No.38122 of 2025(3) dt.06-08-2025 3/3 with the victim girl or the prosecution side. d. In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
e. The Court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the aforementioned order shall not be delayed for purpose of or in the name of verification.
7. It is made clear that the observations, if any, made in this order, shall be of no bearing during the trial. (Sourendra Pandey, J) tusharika/- U T