Jitendra Malakar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21188 of 2015 Arising Out of PS.Case No. -13 Year- 2015 Thana -KORHA District- KATIHAR ======================================================

1. Jitendra Malakar S/o Late Siaram Malakar Resident of Village / Mohalla Bhawanipur, P.S. Gopalpur, P.O. Ramgrachowk, District Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Prasad For the Opposite Party/s : Mr. Harendra Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-07-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner seeks bail in a case registered under sections 323, 379, 504, 366A, 504/34 of the Indian Penal Code. Prosecution case, in short, is that the informant lodged F.I.R. before the S.H.O. Korha stating therein that in the night of 20.01.2015 she and her daughter were sleeping in the house. At about 11 to 13 P.M. Sharwan Malakar @ Mukesh Malakar son of Arun Malakar and other four men came and pushed the informant and on the point of gun took her daughter. They also threatened them that if they cry, they would be killed them. It is alleged that Sharwan Malakaar had come with petitioner to kidnap the victim girl for Rs. 25000/- and they took

Patna High Court Cr.Misc. No.21188 of 2015 (2) dt.13-07-2015 2/2 away her along with jewellary and cash of Rs. 30,000/-. It has been submitted on behalf of the petitioner that petitioner is in custody since 2.3.2015. Charge sheet has been submitted in this case. Annexure-3 is the statement of the victim girl recorded under section 164 Cr.P.C. in which she has stated that she has left the home with the petitioner of her own will. She has further stated that he has married with the petitioner. Considering the aforesaid facts, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar in Korha P.S. Case No. 13 of 2015. (Sudhir Singh, J) M.Rahman/- U T