Dablu Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15814 of 2016 Arising Out of PS.Case No. -570 Year- 2015 Thana -MUFFASIL DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Dablu Jha, Son of Birendra Jha, Resident of Village- Belwa Madhuban, P.S.-Madhuban, Dist.-East Chamaparan .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amarendra Nath Verma, Advocate For the Opposite Party/s : Mr. Subash Chandra Mishra (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 26-05-2016 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in jail since 08.12.2015 in connection with Bettiah Muffasil P.S. Case No. 570/15 for offences alleged under Section 366-A/34 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that the petitioner along with co-accused persons induced the daughter of the informant and kidnapped her with intention to either marry her with Chamcham Mishra or to sell her. It has been submitted by the learned counsel for the petitioner that the victim girl was in friendly relation with the wife of this petitioner and was a frequent visitor to his house. He

Patna High Court Cr.Misc. No.15814 of 2016 (3) dt.26-05-2016 2/2 submits that the petitioner has been implicated because he was a relative of Chamcham Mishra and the victim girl was often found talking to said Chamcham Mishra on her mobile. He further submits that although the date of occurrence is 29.09.2015 but the First Information Report has been lodged on 04.10.2015 and no plausible explanation has been given for the inordinate delay. It has further been submitted that the victim girl was having love affairs with said Chamcham Mishra and has eloped with the said boy.

However, learned APP for the State submits that the victim girl has not yet been recovered and on investigation it has been found that she was talking to Chamcham Mishra, the relative of the petitioner, hence, opposes the prayer for bail. Be that as it may, since the petitioner has been implicated only on the basis of suspicion and there is inordinate delay in lodging the First Information Report, let petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, West Champaran at Bettiah in connection with Bettiah Muffasil P.S. Case No.570/15.

(Nilu Agrawal, J.) Rajesh/- U T