Jitendra Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5811 of 2018 Arising Out of PS.Case No. -34 Year- 2017 Thana -RAFIGANJ District- AURANGABAD ======================================================

1. Jitendra Kumar

2. Amrendra Kumar Both are sons Laljit Ram, R/o Village- Karsara, P.S.- Rafiganj, District- Aurangabad .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manindra Kishore Singh, Advocate For the Opposite Party/s : Ms. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 20-02-2018 Heard learned counsel for the petitioners and the learned counsel appearing on behalf of the State. The petitioners are in custody since 14.11.2017 in connection with Rafiganj P.S. Case No.34 of 2017 registered for the offences under Sections 341, 323, 324, 307, 504/34 of the Indian Penal Code.

Learned counsel for the petitioners submits that the dispute arose on account of share in the ancestral land and the informed tried to intervene in the quarrel between the grandfather and the petitioners, which has resulted in the present allegations. He further submits that the matter is entirely family dispute and can well be resolved and no fruitful purpose

Patna High Court Cr.Misc. No.5811 of 2018 (3) dt.20-02-2018 2/3 will be served by keeping the petitioners in jail. He further submits that the charge-sheet has been submitted in this case and the petitioners shall face trial and co-operate in the trial, as and when required.

Considering the nature of allegations made and the petitioners are willing to co-operate in the trial and are not having any criminal antecedents, let the petitioners, above named, be released on bail on their furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad, in connection with Rafiganj P.S. Case No.34 of 2017, subject to the following conditions:

(1) One of the bailors will be their close relative, preferably, father, mother, brother, sister and/or their wife.

(2) The petitioners shall not indulge themselves in any similar offence till conclusion of the trial.

(3) The petitioners shall remain physically present in court on each and every date during trial and in the event of their failure on two consecutive dates without sufficient reasons, their bail bonds shall be liable to be cancelled by the learned court concerned.

(4) The petitioners shall co-operate with the

Patna High Court Cr.Misc. No.5811 of 2018 (3) dt.20-02-2018 3/3 investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Anjana Mishra, J) PNM U T