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Patna High CourtCR. MISC./21107/2015bail granted

Ratnesh Thakur @ Ratnesh Kumar v. The State Of Bihar

2015-09-07Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21107 of 2015 Arising Out of PS.Case No. -336 Year- 2010 Thana -TAJPUR District- SAMASTIPUR ====================================================== Ratnesh Thakur @ Ratnesh Kumar S/o Sri Surendra Thakur Resident of Village Jagdishpur, P.S. Muffasil, District Samastipur. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr. Anil Kumar Jha, Sr. Advocate and Mr. Bijay Bhushan Prasad, Advocate.

For the Opposite Party/s : Mr. Binod Kumar 2, APP. For the Informant: Mr. R.S. Pradhan, Sr. Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 07-09-2015 Heard Sri Anil Kumar Jha, learned senior counsel for the petitioner, Sri R.S. Pradhan, learned senior counsel for the informant and learned A.P.P. for the State.

The petitioner seeks bail in a case under Section 302 and other sections of the Indian Penal Code.

The informant made allegation that the petitioner and other accused persons set ablaze her daughter. It is submitted that during the course of investigation, the investigation officer found that the daughter of the informant caught fire inside the house but the petitioner and other accused persons have falsely been implicated in the case on account of the ongoing dispute and enmity. After investigation, the police submitted final form

Patna High Court Cr.Misc. No.21107 of 2015 (3) dt.07-09-2015 2/2 finding the case false. It is submitted that Bhola @ Prem Kumar and Pankaj Thakur have already been granted bail under Section 167(2) of the Code of Criminal Procedure. Co-accused Manoj Thakur has been granted anticipatory bail vide order passed in Cr. Misc. No. 16053/2015. The case of the petitioner stands on the same footing. Sri R.S. Pradhan, learned senior counsel for the informant, did not dispute this fact. He, however, opposed the prayer for bail.

Considering the fact that similarly situated coaccused have already been enlarged on bail, either on regular or anticipatory bail, 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 the like amount each to the satisfaction of Sri Nitin Kaushik, Judicial Magistrate 1st Class, Samastipur in Tajpur (Waini) P.S. Case No. 336/10. (Prabhat Kumar Jha, J) Dilip/- U T