Sudhir Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28273 of 2015 Arising Out of PS.Case No. -20 Year- 2015 Thana -KUNDWACHAINPUR DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Sudhir Jha, Son of Yogendra Jha, resident of Village - Amwa Tola, P.S. - Kundwa Chainpur, District - East Champaran.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Zaki Haider, Advocate. For the Opposite Party : Mr. A.A.Khan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-07-2015 The petitioner is languishing in custody since 29.04.2015 in connection with Kundwa Chainpur P.S. Case No. 20 of 2015 for the offences instituted under Section 366(A)/34 of the I.P.C.

Heard learned counsel for the petitioner and learned counsel for the State.

The prosecution story, in brief, is that on 21.04.2015 the informant's daughter with her mother had gone for call of nature where Sujit Kr. Jha and this petitioner, Yogendra Jha, Manju Devi caught and tied the mouth of the girl of the informant and took her away in a vehicle and assaulted the informant's wife. The informant has apprehension that the accused persons have kidnapped his daughter with an intention for marriage.

Patna High Court Cr.Misc. No.28273 of 2015 (2) dt.16-07-2015 2/2 It has been submitted on behalf of the petitioner that the petitioner is in custody since 29.04.2015. It is further submitted that the victim girl in her 164 Cr. P.C. statement has stated that she had left her house on her own will with the younger brother of this petitioner. The petitioner has been made accused in the present case due to mistake of fact. The said 164 Cr. P.C. statement is annexure-2 to the present application.

On behalf of the State it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the 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 the learned SDJM, Sikrahna, East Champaran at Motihari, in connection with Kundwa Chainpur P.S. Case No. 20 of 2015.

U.K./- (Sudhir Singh, J) U T