IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22373 of 2009 Dilip Kumar Jha, Son of Sri Nandan Jha, resident of Village- Koilakh, P.S.-Rajnagar, District-Madhubani. -Petitioner. VERSUS The State of Bihar -Opposite Party. ----------- 02 03.08.2009 Heard learned counsels for the petitioner and the informant. The petitioner apprehends arrest in Rajnagar P.S. Case No. 15 of 2009 (G.R. No. 143/09), which originated from C.R. No. 37 of 2009 for offences under Sections 365, 366 and 379 of the Indian Penal Code. On 09.01.2009 a complaint was lodged by the father of the victim girl on basis whereof the present P.S. Case was registered on 23.01.2009. On the complaint, it is alleged that on 15.11.2008 when the victim girl, who is allegedly a minor and studying in school had gone out from the house in the morning she did not return. The mother lodged a Sanha with the police, as the complainant/informant was out of station. In the complaint, it is alleged that some boys (unknown) had kidnapped the minor daughter for some illicit purpose. It is submitted and not disputed by the informant that on 06.02.2009 the informant/complainant informs the police that the victim girl is in Delhi. He (father) then goes to Delhi gets the girl and then on 14.02.2009 statement of the girl under Section 164 Cr.P.C. is recorded. In this statement the girl states that on Dipawali (which was on or about 28th October 2008) the victim girl was intercepted allegedly by the petitioner who committed rape upon her and told that he would marry her. Subsequently, on 12.11.2008 she was kidnapped and taken on a Marshal Jeep to Darbhanga and put on a train petitioner fled away and she was brought to Delhi by another lady - 2 - named Arhulia who got her married to one Chandan with whom she lived about two months when her father came and took her back. There is no complaint against the lady who took the girl to Delhi. There is no complaint against the said Chandan against whom she is living and because of whom she is now pregnant ad with whom she is married. This story, it is submitted has been built only to falsely implicate the petitioner for alleged rape committed long before kidnapping, long before Sanha was lodged and long before complaint was lodged because the informant/complainant used to manage the lands of petitioner’s father. Petitioner’s father on retirement having come back to village dismissed him which gave cause to informant to implicate the petitioner. The petitioner being any there in the matter then Chandan and other lady would also have been made an accused. Further statement under Section 164 Cr.P.C. was fully a concocted statement given after much due deliberation, as noted above. Be that as it may, in the event of arrest/surrender before the Court below within four weeks from today, the petitioner abovenamed shall be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of like amount each to the satisfaction of C.J.M., Madhubani in connection with Rajnagar P.S. Case No. 15 of 2009 (G.R. No. 143/09), subject to all conditions as laid down under Section 438(2) of the Criminal Procedure Code. Trivedi/ (Navaniti Prasad Singh, J.)