Patna High CourtCR. MISC./45872/2023allowed

Rajesh Kumar Jha @ Pintu Jha v. The State Of Bihar

2023-08-04Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45872 of 2023 Arising Out of PS. Case No.-268 Year-2022 Thana- BABUBARHI District- Madhubani ====================================================== RAJESH KUMAR JHA @ PINTU JHA Son of Dinesh Jha Resident of village-Bardahi, Barhara Police Station-Babubarhi, District-Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Jha For the Opposite Party/s :

Mr.Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 363, 366(A) and 34 of the Indian Penal Code and Sections 8 and 12 of the POCSO Act.

3. The allegation against the petitioner along with others is of abducting the daughter of the informant.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. The victim girl has recovered and her statement recorded u/s 164 of the Cr.P.C., in which she does not whisper about the complicity of this petitioner. The victim girl stated that she went with this petitioner at Patna. There is no complaint with regard to physical assault, physical

Patna High Court CR. MISC. No.45872 of 2023(2) dt.04-08-2023 2/2 abuse/misbehave against the petitioner to the victim girl. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 16.11.2022.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Babubarhi P.S. Case No. 268 of 2022.

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