Jitendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14675 of 2019 Arising Out of PS. Case No.-65 Year-2016 Thana- GOGRI District- Khagaria ====================================================== JITENDRA KUMAR Son of Ramotar Mandal Resident of Village- Dukhatol, P.S.- Gogari, Post Office - Gogari, District - Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jai Kishor Poddar For the Opposite Party/s :

Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 13-03-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 494/120(B)/420/406/504 IPC registered in connection with Gogari P.S. Case No. 65/2016, G.R. No. 828 of 2016, arising out of Complaint Case No. 1091/C of 2015.

3. It is submitted that the petitioner has been falsely implicated and the accusations are general and omnibus in nature. In any event 13 accused persons have already been granted anticipatory bail including co-accused Dharmendra Kumar and Suman Kumari by this Court in Cr. Misc. No. 26267/2018 and Cr. Misc. No. 63189 of 20128. The petitioner has been implicated merely because he happens to be the brother of Suman Kumari. The petitioner claims clean antecedents.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner 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 Mr. Brajesh Kumar,learned J.M.Ist Class, Khagaria, in connection with Gogari P.S. Case No. 65/2016, G.R. No. 828 of 2016, arising out of Complaint Case

Patna High Court CR. MISC. No.14675 of 2019(2) dt.13-03-2019 2/2 No. 1091/C of 2015 subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further 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 co-operate 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. 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/- U T