Jwala Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23830 of 2018 Arising Out of PS. Case No.-14 Year-2018 Thana- AKHODHIGOLA District- Rohtas ====================================================== Jwala Kumar, S/o-Santosh Ram @ Santosh Paswan, R/V : Tendua Kala, P.O. Mudiyar, P.S. Akorhigola, Distt : - Rohtas (Sasaram). ...... Petitioner/s

Versus

The State of Bihar.

...... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Nandan Sahay For the Opposite Party/s :

Mr. Sri Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-04-2018 Heard learned counsels for the petitioner and State. The petitioner is apprehending arrest in a case registered for the offences punishable under Section 366 of the IPC. The prosecution case, as per the written report of Ashish Paswan dated 09.01.2018, submitted to the Station House Officer, Akorhigola is to the effect that on 19.12.2017, the wife of the informant, Seema Devi went to market along with her two years old son, Pintu Raj Aditya, but thereafter, she went traceless. The informant tried to trace his wife, but she could not be traced, hence he raised suspicion against the petitioner, Jwala Kumar since the petitioner used to visit the house of the

Patna High Court Cr.Misc. No.23830 of 2018(2) dt.27-04-2018 2/3 informant.

It is submitted by learned counsel for the petitioner that the wife of the informant returned of her own. The victim in her statement, recorded under Section 164 Cr. P.C., stated that one Ujjawal took her to Delhi and on the threat of killing her minor son, he established physical relationship with her. The name of the petitioner is Jwala Kumar. The petitioner is aged about 18 years, whereas the wife of the informant got her age recorded in her 164 Cr. P.C. stated as 25 years. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP submits that the petitioner is named in the FIR.

Considering the fact that the victim, in her statement recorded under Section 164 Cr. P.C., has not named the petitioner, coupled with the statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of

Patna High Court Cr.Misc. No.23830 of 2018(2) dt.27-04-2018 3/3 learned C.J.M., Sasaram in connection with Akorhigola P.S. Case No. 14 of 2018, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

(Dinesh Kumar Singh, J) Amrendra/- U T