Laddu Jha @ Mukesh Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72216 of 2019 Arising Out of PS. Case No.-98 Year-2019 Thana- FORBESGANJ District- Araria ====================================================== LADDU JHA @ MUKESH JHA, Son of Navsundar Jha Resident of Village - Madhulatta, P.S.- Raniganj, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gopal Kumar Jha For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 05-03-2020 Heard learned counsel for the petitioner, learned counsel appearing for informant and the learned A.P.P. for the State.

The petitioner seeks bail in connection with S.T. No. 214 of 2019, arising out of Rorbesganj (Simraha) P.S. Case No. 98 of 2019, registered under Sections 363 and 366(A)/34 of the Indian Penal Code.

The accusation is that on 30.01.2019, the minor daughter of informant, aged about 13 years, had gone to grocery shop for purchasing of some articles. In course of returning from grocery shop, Md. Ejaj, on the pretest to meet with her friend, brought her near a tempo, where petitioner and one Manish Ram were also present and all three persons forcibly boarded her in the tempo. Thereafter, there is no trace of his daughter.

Learned counsel for the petitioner submits that, in

Patna High Court CR. MISC. No.72216 of 2019(3) dt.05-03-2020 2/2 fact, due to love affairs with Md. Ejaj, the daughter of informant moved with him, who is friend of the petitioner due to that reasons, the petitioner has also been implicated in this case. Further submission is that due to pressure of the family members, daughter of informant stated about her kidnapping by Md. Ejaj and committing rape by Md. Ejaj, Laddu Jha (Petitioner) and Manish Ram. Further submission is that while informant alleged in the F.I.R. that his daughter is minor at the time of occurrence, but in medical report, her age was assessed in between 18 to 19 years. Further submission is that coaccused Md. Ejaj has already been granted bail by a coordinate Bench of this Court on 02.09.2019 passed in Criminal Miscellaneous No. 37345 of 2019.

The petitioner has no criminal antecedent and he is in custody since 02.02.2019. Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail 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 1st Additional Sessions Judge, Araria in connection with Forbesganj (Simraha) P.S. Case No. 98 of 2019.

(Rajendra Kumar Mishra, J) manish/- U T