Jitendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43764 of 2017 Arising Out of PS.Case No. -140 Year- 2017 Thana -KUDRA District- BHABHUA (KAIMUR) ======================================================

1. Jitendra Kumar Son of Baliram Ram, R/o Village- Bahuara, P.S.- Kudra, District- Kaimur at Bhabua.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Tribhuwan Narayan, Adv For the Opposite Party/s : Mr. Ajit Kumar, APP For Informant : Mr. Pawan Kumar Singh, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-10-2017 The petitioner seeks regular bail in connection with Kudra P.S. Case No. 140 of 2017, registered for offences punishable under Sections 341, 323, 379, 504 and 506 of the Indian Penal Code.

Petitioner is secretary of the school and informant is incharge headmaster of the said school and allegation against the petitioner is of assaulting the informant by bat and also snatching away Rs. 10,000/- It has been submitted on behalf of the petitioner that out and out false and fabricated allegation has been levelled against the petitioner and dispute arose between the parties as petitioner has complained about the mis-deed of the informant to the higher authorities and only due to that present false case has been filed.

Petitioner has been in custody since 19.07.2017. Heard learned A.P.P. as well as learned counsel for the informant. Learned counsel for the informant has submitted that again also at the instance of the petitioner, two persons had assaulted him.

Having heard both sides, considering the fact that contents mentioned in the F.I.R itself depicts about the sordid affairs of the authorities in the school and the future of the student going to that school is clearly on stake, however, in view of facts, petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thosuand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kaimur at Bhabhua, in connection with Kudra P.S. Case No. 140 of 2017,subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal

of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sunil/- U T