Ritik Kumar Jha @ Hrithik Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66939 of 2018 Arising Out of PS. Case No.-69 Year-2017 Thana- MORO District- Darbhanga ====================================================== Ritik Kumar Jha @ Hrithik Kumar Jha S/o Anil Jha @ Anil Kumar Jha Resident of Village - Bishanpur, P.S. Moro, District -Darbhanga ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Kedar Jha, Advocate For the Opposite Party :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 18-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 363/366A of the Indian Penal Code registered in connection with Moro P.S. Case No. 69 of 2017.

3. It is submitted that the petitioner has been falsely implicated as ingredients of the offence as alleged in the first information report are not made out. It is submitted that according to the radiological examination by the doctor, the age of the so-called victim girl is 18-19 years. It is submitted that she has voluntarily accompanied Shrawan Kumar with whom she had love affair. The petitioner claims clean antecedents.

4. Learned APP refers to the statement of the victim girl recorded under Section 164 of the Cr.P.C. in paragraph 99 of the case diary from which it transpires that no misbehaviour was committed by the petitioner with her.

5. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be

Patna High Court Cr.Misc. No.66939 of 2018(3) dt.18-02-2019 2/2 released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate VIII, Darbhanga in connection with Moro P.S. Case No. 69 of 2017, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and with further conditions -- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (iv) That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

BT/Chandran (Vikash Jain, J) U T