Monu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36428 of 2015 Arising Out of PS.Case No. -159 Year- 2015 Thana -HAJIPUR SADAR DistrictVAISHALI(HAJIPUR) ======================================================

1. Monu Kumar son of late Harendra Thakur resident of village Jaitiya Sonepur, P.S. Sonepur, District Saran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Smt. Anuradha Singh For the Opposite Party/s : Mr. Nityanand(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 01-12-2015 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Hajipur Sadar P.S. Case No. 159 of 2015 registered for the offences punishable under Sections 365, 364, 34 of the Indian Penal Code. Allegedly Upendra Kumar, Branch Manager of Central Bank of India, Branch-Sonepur Gola Bazar, Saran went for walk but became traceless and it has been alleged that he might have been kidnapped for ransom and killed.

Submission is of false implication and that the petitioner is a daily wage labourer in the bank as he has been engaged after the death of his father. The police has recorded his

confessional statement but from that statement nothing comes to light to show the involvement of the petitioner in the kidnapping. During investigation no legal and tangible material has come against the petitioner and, as such the petitioner who is suffering in custody since 20.04.2015, deserves sympathetic consideration. Chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence.

The learned A.P.P. opposes the prayer of bail and fairly submits that from the confessional statement of the petitioner it does not reveal that he was involved in the kidnapping and the said manager was having some relation with other woman. In the facts and circumstances stated above, considering that chargesheet has already been submitted and there is no chance of tampering with prosecution evidence and, as such, the petitioner, above named, is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Learned Chief Judicial Magistrate, Vaishali at Hajipur arising out of Hajipur Sadar P.S. Case No. 159 of 2015 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each

and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) sushma/- U