Sitaram Jha @ Malar Jha v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51135 of 2016 Arising Out of PS.Case No. -134 Year- 1998 Thana -COMPLAINT CASE District- ARRARIA ====================================================== Sitaram Jha @ Malar Jha S/o Late Chandranand Jha, resident of village Bhattabari, P.S. Forbesganj, District Araria .... .... Petitioner/s

Versus

1. The State of Bihar

2. Amarnath Dev, son of Viswanath Pd. Dev, resident of Bhattabari, P.S. Forbesganj, Dist. Araria .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ambrish Rahul, Advocate For the Opposite Party/s : Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-01-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 323, 379 and 427 of the I.P.C. Allegation is that the accused persons including the petitioner assaulted the complainant and snatched watch of Rs.800/- and cash Rs.700/- and potatoes of Rs.200/-. It has been submitted on behalf of the petitioner that the petitioner is in custody since 25.9.2016. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The case has already been committed to the court of Sessions for trial. It is a case of misuse of bail. The petitioner remained in custody for about four months. The alleged occurrence is said to have taken place due to petty

Patna High Court Cr.Misc. No.51135 of 2016 (3) dt.16-01-2017 2/2 reason. It is further submitted that the petitioner will appear on each and every date in the court below and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. On behalf of the State, it is submitted that the petitioner is named in the complaint case.

Considering the aforesaid facts and circumstances, it is directed that the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of Sri R. Narayan, A.C.J.M. III, Araria in connection with Complaint case No. C-134 of 1998.

It is further directed that the petitioner will appear on each and every date in the court below and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. (Sudhir Singh, J) Narendra/- U T