Shatrunjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12772 of 2017 Arising Out of PS.Case No. -202 Year- 2015 Thana -HAJIPUR SADAR DistrictVAISHALI(HAJIPUR) ====================================================== Shatrunjay Kumar, son of Shri Suresh Choudhary, resident of village Goraul, District Vaishali.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Bhubneshwar Prasad, Advocate For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 16-03-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 24.11.2016 in connection with Hazipur Town P.S. Case No. 202 of 2015 for the alleged offences under Sections 498A, 497, 379, 354/34 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated and in any event he was granted bail by the learned Additional Sessions Judge, Vaishali at Hazipur in B.P. No. 283 of 2015. As per condition he was appearing before the learned trial Court, but finally on 06.06.2015 he was unable to appear on the date fixed as he was kidnapped by the informant's side and for which the petitioner's father instituted Complaint Case No. 1973 of 2015. The petitioner claims clean antecedents.

Patna High Court Cr.Misc. No.12772 of 2017 (2) dt.16-03-2017

4. Having regard to the entirety of the facts and circumstances of the case as well as the period of custody since 24.11.2016 already suffered, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of Sri Abhishek Kumar, learned Judicial Magistrate Ist Class, Hazipur in connection with Hazipur Town P.S. Case No. 202 of 2015 on the following conditions - (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii)That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(iv) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/Ibrar U T