Jitendra Jha @ Karu Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5243 of 2017 Arising Out of PS.Case No. -28 Year- 2012 Thana -LAXMIPUR District- JAMUI ====================================================== Jitendra Jha @ Karu Jha, son of Tripurari Jha, resident of village- Ojha Jamia, P.S. Jasidih, district- Deoghar (Jharkhand) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. N,K, Agarwal, Advocate Mr. Satya Prakash Parasar, Advocate For the Opposite Party/s : Mr. Sri Ashok Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 16-03-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Laxmipur (Gidhour) P.S Case No. 28 of 2012 registered for the offences punishable under Sections 302, 120(B)/34of the Indian Penal Code.

Allegedly, the father of the informant was done to death and he reached at the place of occurrence and it is alleged that his father and uncle had enmity with one Damodar Jha and Dinesh Jha, as Dinesh Jha has not good relation with his wife and father of the informant used to give food to his children. Submission is of false implication and that except suspicion there is no material against the petitioner, co-accused Damodar Jha has already been allowed bail vide Cr. Misc. No.

Patna High Court Cr.Misc. No.5243 of 2017 (2) dt.16-03-2017 2/2 19802 of 2012 and, as such, the petitioner also deserves sympathetic consideration.

Learned A.P.P. submits that the petitioner remained absconding, as it is a case of the year 2012 and the petitioner has been apprehended after long chase.

In the facts and circumstances stated above, considering that similarly situated co-accused Damodar Jha has been allowed bail and, as such, the petitioner is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Jamui, in connection with Laxmipur (Gidhour) P.S. Case No. 28 of 2012, subject to the conditions that one of the bailors must be a 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.) Rajiv/- U T