Jawahar Lal Roy v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2203 of 2018 Arising Out of PS.Case No. -259 Year- 2017 Thana -SHRIKRISHNAPURI District- PATNA ====================================================== Jawahar Lal Roy S/o Late Raja Ram Roy, R/o House No. 321 Ward No.24 Kurhelly Road, Farbisganj, P.S.- Farbisganj, District- Araria. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Dhirendra Kumar Roy, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 16-01-2018 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody since 24.11.2017 in connection with Shri Krishnapuri P.S. Case No. 259 of 2017 for the offences alleged under Sections 363, 366/34 of the Indian Penal Code.
3. It is submitted that the petitioner has been falsely implicated in the backdrop of a dispute over an agreement entered into between the informant and the petitioner's wife, in terms of which a payment of Rs. 2,00,000/- has been made to the informant which was however not been refunded by the informant. The F.I.R. is against unknown and the informant in his restatement has also not named the petitioner before the police. Thereafter, in course of investigation for the first time the informant has named the
petitioner's son and further developing story he has named the petitioner who is a Professor in Forbesganj College, Forbesganj, who claims clean antecedents.
4. Learned APP assisted by learned counsel for the informant appears suo motu have been heard who opposes the bail petition.
5. Be that as it may, having regard to the entirety of the facts and circumstances of the case, 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 learned A.C.J.M.-cum-Special Judge, C.B.I.-I, Patna, in connection with Shri Krishnapuri P.S. Case No. 259 of 2017, 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 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.
(iv) 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.
(Vikash Jain, J) Md. Ibrarul/- U T