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Patna High CourtCR. MISC./6587/2020bail granted

Jitendra Kumar Das v. The State Of Bihar

2020-06-29Mr. Justice S. Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 6587 of 2020 Arising Out of PS. Case No.-222 Year-2019 Thana- JHAJHA District- Jamui ====================================================== JITENDRA KUMAR DAS Son of Shankar Das Resident of VillageSudaritarh, P.S.-Jhajha, District-Jamui. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Amrendra Kumar For the Opposite Party/s :

Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 29-06-2020 The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence. Heard learned counsel for the petitioners and learned counsel for the State.

Petitioner apprehend his arrest in a case registered under Sections 354C/354(D), 417 of the Indian Penal Code and Section 67 of I.T. Act.

Allegation against petitioner is of making video of the daughter of informant while she had gone to attend a marriage ceremony in the village alongwith a boy and uploaded it in the whatsapp of the informant's son.

It has been submitted on behalf of petitioner that he is innocent and has been falsely implicated in this case. It has been further submitted that occurrence took place on 25.07.2019

Patna High Court CR. MISC. No. 6587 of 2020(2) dt.29-06-2020 2/3 but FIR was lodged on 07.08.2019 after delay of 13 days without any explanation. Petitioner was not present at the place of occurrence and he has no criminal antecedent. Considering the facts and circumstances of the case, prayer of anticipatory bail is allowed and petitioner named above in the event of arrest or surrender before the court below within four weeks from today, Petitioner is directed to be released on bail on furnishing bail bonds of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with Jhajha P.S. Case No. 222 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure with following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

Patna High Court CR. MISC. No. 6587 of 2020(2) dt.29-06-2020 3/3

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) veena/rajivU T