Jitendra Hazari @ Jitendar Hazari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18554 of 2024 Arising Out of PS. Case No.-80 Year-2023 Thana- JAMALPUR District- Darbhanga ====================================================== Jitendra Hazari @ Jitendar Hazari Son of Laltun Hazari Resident of VillagePalwa, P.S.- Jamalpur (Badgaon), District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Girish Chandra Jha, Advocate For the State :

Ms. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 14-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Jamalpur (Badgao OP) P.S. Case No. 80 of 2023 instituted for the offence under Sections 363, 366(A) & 34 of the Indian Penal Code.

3.

Prosecution case in short is that daughter of the informant was abducted by the accused persons, including the petitioner for the purpose of solemnizing marriage. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 26-10-2023s. Petitioner is stated to be man of clean antecedent.

5.

It has been further submitted by the petitioner's

Patna High Court CR. MISC. No.18554 of 2024(2) dt.14-03-2024 2/3 counsel that petitioner has been falsely implicated in the present case. It is submitted that daughter of the informant and the petitioner were in love. The daughter of the informant was recovered and in her statement she has not made any allegation against the petitioner, rather she has specifically stated that no one kidnapped her and she solemnized the marriage with the petitioner at Ambala with her own volition. It is lastly submitted that due to previous animosity, petitioner has been dragged in this case on extraneous considerations.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, clean antecedent of the petitioner and the fact that she on her own volition solemnized marriage with the petitioner, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Jamalpur (Badgao OP) P.S. Case No. 80 of 2023, subject to the following conditions:

Patna High Court CR. MISC. No.18554 of 2024(2) dt.14-03-2024 3/3 (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T