Jitendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51204 of 2017 Arising Out of PS.Case No. -207 Year- 2015 Thana -DULHIN BAZAR District- PATNA ======================================================
1. Jitendra Kumar, son of Bhajan Yadav, resident of Village- Rikhai Tola, P.S. Dulhin Bazar, District- Patna.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Prem Ranjan Kumar, Advocate For the Opposite Party/s : Dr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 4/ 20-03-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner apprehends his arrest in Dulhin Bazar P.S. Case No.207 of 2015 instituted for the offence under Section(s) 364/34 Indian Penal Code.
It is alleged in the written report that son of the informant had gone out of the house with vehicle but did not return till 8.00 PM. The informant received information that accident has taken place by that vehicle and the people have set the vehicle on fire. The villagers have taken the driver with them. The informant during course of search came to know that this petitioner and other accused, as named in the written report, has kidnapped him.
Case diary has been received.
Patna High Court Cr.Misc. No.51204 of 2017 (4) dt.20-03-2018 2/3 Learned APP has submitted that police has recorded confessional statement of another co-accused, namely, Jitendra Kumar @ Lola in para 26 of the case diary, who has taken the name of this petitioner.
Counsel for the petitioner has submitted that coaccused, Umesh Yadav, has been granted anticipatory bail by a co-ordinate Bench of this Court by order dated 19.08.2016 passed in Cr. Misc. No.23756 of 2016. Similarly, co-accused, Surendra Yadav and Ram Pravesh Singh have been granted anticipatory bail by a co-ordinate Bench of this Court by order dated 07.02.2017 passed in Cr. Misc. No.39870 of 2016 with Cr. Misc. No.44808 of 2016.
In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Dulhin Bazar P.S. Case No.207 of 2015, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Danapur, subject to the conditions as laid down under Section 438(2) Cr. P. C. with further conditions: (1) bailors should be local having sufficient
Patna High Court Cr.Misc. No.51204 of 2017 (4) dt.20-03-2018 3/3 immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(Sanjay Priya, J) JA/- U T