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Patna High CourtCR. MISC./84473/2019bail granted

Abhinay Ranjan Jha v. The State Of Bihar

2019-12-19Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84473 of 2019 Arising Out of PS. Case No.-294 Year-2019 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== ABHINAY RANJAN JHA Son of Devendra Nath Jha @ Devendra Jha Presently Mukhiya Gram Panchayat Raj, Sanha East. Resident of Village - Sanha East, P.S.- Sahebpur Kamal, Distt - Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Sumiran Rai For the Opposite Party/s :

Mr.Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 19-12-2019 Heard learned counsel for the parties.

Petitioner apprehends his arrest in a case registered for the offence punishable under Sections 376, 323, 504/34 of the Indian Penal Code and Section 4 of POCSO Act, 2012. Informant who is victim herself has alleged in her written complaint that she was in live-in relation with one Rikki Kumar for last 21/2 years and they developed physical relation and she became pregnant, however, when they went to the parents of Rikki Kumar they refused to accept them and thereafter mukhiya and petitioner came and offered Rs. 60,000/- for abortion which was refused by her.

However, in her statement recorded under Section 164 of the Cr.P.C she has repeated whatever she has alleged in

Patna High Court CR. MISC. No.84473 of 2019(2) dt.19-12-2019 2/2 the written complaint and there is no allegation levelled against the petitioner who is Mukhiya of the panchayat. It has been submitted on behalf of the petitioner that he is Mukhiya and has been falsely implicated in this case due to village politics. Petitioner has got no criminal antecedent. Considering the aforesaid facts and circumstances of the case, let the petitioner named above in the event of his/her arrest or surrender before the court below within a period of four weeks, be released on anticipatory bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Sahebpur Kamal P.S. Case No. 294 of 2019, subject to the conditions as laid down under Section 438(2) of Cr.P.C.

(S. Kumar, J) ranjan/- U