Jitendra Singh @ Jokhan Singh @ Jitendra @ Jitendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78379 of 2024 Arising Out of PS. Case No.-39 Year-2022 Thana- PATAHI District- East Champaran ====================================================== Jitendra Singh @ Jokhan Singh @ Jitendra @ Jitendra Kumar Son of Shambhu Singh Resident of Village - Murtiya, P.S. - Adapur, District - East Champaran ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Kishori Singh Son of Late Ram Janam Singh Resident of Village- Padumker, P.S.- Patahi, Distt.- East Champaran ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Madhurendra Kumar, Advocate For the Opposite Party/s :
Mr. Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 11-02-2025 Heard Mr. Madhurendra Kumar, learned counsel for the petitioner and Mr. Mohammad Sufyan, learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since 23.07.2024, in connection with Patahi P.S. Case No. 39 of 2022, FIR dated 24.02.2022 registered for the offence under Sections 363, 366(A) of the Indian Penal Code and Section 8 of the POCSO Act.
3. As per the prosecution case, petitioner along with other co-accused persons has kidnapped the daughter of the informant.
4. Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is
Patna High Court CR. MISC. No.78379 of 2024(4) dt.11-02-2025 2/3 innocent and he has falsely been implicated in this case. He further submits that the allegation as alleged in the FIR is false and fabricated and the petitioner has not committed any offence as alleged in the FIR in fact the petitioner was in love with the victim girl and they have solmenized the marriage with each other. He further submits that statement of victim was recorded under Section 164 Cr.P.C./under Section 183 of B.N.S.S.,2023 in which she has categorically stated that she has performed the marriage with the petitioner and apart from that she has also disclosed that she is about 22 years old.
5. Learned counsel for the petitioner has filed a supplementary affidavit stating therein "that the petitioner, who is now the husband of the victim girl is ready to keep her alongwith her child with full honour and dignity and also will look after them properly." The petitioner is rotting in judicial custody since 23.07.2024.
6. Learned A.P.P. for the State, on the other hand, has vehemently opposed the prayer for bail of the petitioner.
7. Considering the undertaking filed on behalf of the petitioner, let the, above named, petitioner 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
Patna High Court CR. MISC. No.78379 of 2024(4) dt.11-02-2025 3/3 learned Additional and Sessions Judge-VII-cum-Special Judge, POCSO Act, East Champaran at Motihari in connection with Patahi P.S. Case No. 39 of 2022 with the following conditions:- (i) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court below.
(ii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) ajay/- U T