Sanjay Jha @ Sanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64444 of 2022 Arising Out of PS. Case No.-53 Year-2019 Thana- MATIHANI District- Begusarai ====================================================== Sanjay Jha @ Sanjay Kumar S/op Sahdeo Jha R/o Village- Tetri, Ward no. 14, P.S.- Dandari, Distt- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashish Kumar For the Opposite Party/s :

Mr.Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-03-2023 Heard learned counsel for the petitioner, and learned counsel for the informant and learned APP for the State. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 363, 366A, and 120B of the Indian Penal Code.

Allegation against the petitioner is that he along with other co-accused persons abducted daughter of the informant for the purpose of marriage or ulterior motives.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of suspicion and village politics. It is further submitted that the date of occurrence is 25.07.2018, but the FIR was lodged on 13.04.2019, i.e after more than eight months delay without there

Patna High Court CR. MISC. No.64444 of 2022(3) dt.17-03-2023 2/2 being any explanation. A statement of the victim recorded under Section 164, which is annexed as Annexure-3, shows that victim went with this petitioner with her own sweet will. Similarly situated, co-accused, namely, Prince Kumar has already been granted bail by a coordinate Bench o this Court vide order dated 16.06.2022, passed in Cr. Misc. no 15704 of 2020. It is further submitted that the petitioner is languishing in judicial custody since 19.08.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Begusarai Matihani P.S. Case No. 53 of 2019 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-I, Begusarai.

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