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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43508 of 2022 Arising Out of PS. Case No.-72 Year-2021 Thana- RAHIKA District- Madhubani ====================================================== SURAJ KUMAR JHA @ SURAJ JHA S/o Shivdev Jha @ Shridev Jha R/o village- Balaha-Parjuar, P.S.- Arer, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Subhash Kumar Jha, Advocate For the Opposite Party/s :

Mr. Indu Kumari Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 14-12-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 363, 366(A) and 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that on 02.06.2021 at 10:00 PM, his minor daughter was kidnapped by some accused persons in a Scorpio vehicle, it is next alleged that on 03.06.2021 a search was made and it came to the knowledge of the informant that five accused persons, including the petitioner, have kidnapped his daughter with an intention of

Patna High Court CR. MISC. No.43508 of 2022(2) dt.14-12-2022 2/3 rape, prostitution, murder or marriage.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case, it is next submitted that victim is a major and is aged about 19 years and her statement was recorded under Section 164 Cr.P.C., wherein she disclosed her age as 19 years and did not support the case of the prosecution, it is also submitted that petitioner and the victim are now married and are living peacefully, further co-accused Shiv Dev Jha along with two others have been granted anticipatory bail by order dated 30.09.2022 in Cr. Misc. No. 19902 of 2022 and the petitioner relies on the said order also for seeking anticipatory bail for the petitioner.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like

Patna High Court CR. MISC. No.43508 of 2022(2) dt.14-12-2022 3/3 amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Rahika P.S. Case No. 72 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Shivam/- U T