Md. Raja @ Raja v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61599 of 2017 Arising Out of PS.Case No. -13 Year- 2015 Thana -JHAJHA District- JAMUI ====================================================== MD. RAJA @ RAJA S/o Kamrudin @ Kalu R/o Barmasiya, P.S.- Jha Jha District- Jamui.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satya Prakash Parasar For the Opposite Party/s : Mr. Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 02-02-2018 Heard the learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks anticipatory bail in connection with Jhajha PS case no. 13 of 2015 registered for the offences punishable under Section 366(A) of the Indian Penal Code. The allegation in the present case is that the victim girl and one another girl had gone to school, however, the other girl namely Kanchan Kumari returned back alone and she disclosed that the school was closed and the victim girl had told her that she would come back after purchasing some articles. The said Kanchan Kumari also disclosed that the petitioner had accompanied the said girl. Thereafter, the victim girl did not come back and it was found that she was in Kolkata and would come

Patna High Court Cr.Misc. No.61599 of 2017 (3) dt.02-02-2018 2/2 back soon. Subsequently, the victim girl is said to have come back to her patents' house and thereafter her statement was recorded under Section 164 Cr. P.C.

The learned counsel for the petitioner submits that a bare perusal of the statement of the victim girl under Section 164 Cr. P.C. would show that no allegation has been made against the petitioner regarding him either abducting or committing rape on her. It is further submitted that the petitioner has been falsely implicated in the present case and he has a clean antecedent. Having regard to the facts and circumstances of the case, in the event of arrest or surrender before the court concerned within a period of six weeks from the date of receipt/ production of a copy of this order, the petitioner, above named, is directed to be released on anticipatory bail on furnishing bonds of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Jamui in connection with Jhajha PS case no. 13 of 2015, subject to the conditions laid down under Section 438(2) of Code of Criminal Procedure.

(Mohit Kumar Shah, J) BTiwary/- U T