Aman Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75557 of 2024 Arising Out of PS. Case No.-64 Year-2024 Thana- Manuapul District- West Champaran ====================================================== Aman Jha S/O Rajesh Jha @ Nawal Kishor Jha R/O Village- Srinagar Ojha Tola, P.S- Manuapul, Distt.- Wes Champaran.
... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Murari Sharan Prasad S/O Late Ayodhya Prasad R/O Village- Tilangahi Bhuarwa, P.S- Purushottampur, Distt.- West Champaran. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Aditya Nath Jha, Advocate For the Opposite Party/s :
Mr.Anant Kumar 1, APP For the Informant :
Mr. Bimlesh Kumar Pandey, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 17-04-2025
1. Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.
2. The petitioner apprehends his arrest in connection with Manuapul P.S. Case no.64 of 2024 registered under Sections 366A, 363, 341, 323, 504, 506 and 34 of the Indian Penal Code and Sections 8 and 12 of the POCSO Act.
3. As per the prosecution case, the informant states that his daughter aged about 17 years was staying in a hostel in Punjab. He further states that he got to know that his daughter was not in the hostel. Thereafter, he repeatedly tried to contact his daughter on phone but he failed to contact her. Subsequently, he came to known from a person that his minor daughter
Patna High Court CR. MISC. No.75557 of 2024(4) dt.17-04-2025 2/3 eloped with one Aman Jha and he wanted to marry her daughter.
4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. From perusal of the F.I.R, it would appear that the present case is related to love relationship between the petitioner and the informant's daughter. He further submits that the informant's daughter was recovered on 20.07.2024 and her statement was recorded under Section 161 as well as Section 164 Cr.p.c. In her statement, the victim says that her age is about 17 years 9 months and she is on the verge of attaining majority. She was in love relationship with the petitioner and they were residing in petitioner's house after solemnizing marriage with him. The petitioner has no criminal antecedent and undertakes to cooperate in the case/trial.
5. The application for anticipatory bail is opposed by learned A.P.P. for the State and learned counsel for the informant who submits that the informant's daughter is a minor and the case is instituted under the POCSO Act. It would however be evident from paragraph nos. 30 and 35 of the case diary, that the victim refused to medically examine hereself.
6. Considering the fact that there was a love relationship between the victim girl and the petitioner who is a
Patna High Court CR. MISC. No.75557 of 2024(4) dt.17-04-2025 3/3 young boy aged about 21 years, especially considering the statement of the victim girl recorded under Section 164 Cr.P.C, disclosing her age of discretion, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Manuapul P.S. Case no.64 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, POCSO-cum-A.D.JVI, West Champaran at Bettiah, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023. (Soni Shrivastava, J) Harsh/- U T