Pankaj Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2496 of 2017 Arising Out of PS.Case No. -254 Year- 2016 Thana -PARWATTA District- KHAGARIA ======================================================

1. Pankaj Jha Son of Late Kishani Jha @ Krishnandan Jha, R/o VillageBalaha, P.S.- Parwatta (Maraiya), District- Khagaria. .... .... Appellant/s

Versus

1. The State of Bihar .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Ravi Shanker Pankaj, Advocate For the Respondent/s : Mr. Binay Krishna, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-10-2017 Heard the parties.

The appellant seeks regular bail in Parwatta (Maraiya) P.S. Case No.254 of 2016 registered for the offence under Sections 302, 201/34 of the I.P.C. and Section 3(2)(V)(VI) of SC/ST (POA)Act.

Appellant is named in the F.I.R. and the case is under Section 302 of I.P.C. It further appears from the F.I.R. son of the informant had married with the wife of the appellant went to Delhi and thereafter Annu Devi had taken the deceased to her house and the appellant also went along with them and they have killed him. Submission of the learned counsel for the appellant is that there is no eye witness to the occurrence and only because that he is ex husband of Annu Devi.

Patna High Court CR. APP (SJ) No.2496 of 2017 (3) dt.12-10-2017 2/2 Heard learned A.P.P. also and controverted his submission and he drew my attention that there is no specific incriminating article except that he was ex-husband of Annu Devi. He is in jail custody for more than five months. Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-1st - cum-Special Judge, SC/ST(POA) Act, Khagaria, in Parwatta (Maraiya) P.S. Case No.254 of 2016 subject to the conditions that (1) one of the bailors of the appellant shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(2) The appellant will not induce any witness or tamper with the evidence. (3) The appellant shall co-operate in disposal of trial and make himself available as and when required by the court. In the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, his bail bond shall be cancelled.