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Patna High CourtCR. MISC./2888/2018bail granted

Jitendra Kumar Pandit @ Jitu Yadav @ Jitu Rawat @ Jitu Pandit v. The State Of Bihar

2018-01-17Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2888 of 2018 Arising Out of PS.Case No. -32 Year- 2017 Thana -KHAIRA District- JAMUI ====================================================== Jitendra Kumar Pandit @ Jitu Yadav @ Jitu Rawat @ Jitu Pandit, S/o Raj Kumar Pandit, R/o Village- Kuan Bank @ Rohtas Rohania, P.S.- Sono, District- Jamui.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shree Niwas Singh, Advocate. For the Opposite Party/s : Dr. Rabindra Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 17-01-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Khaira P.S. Case No. 32 of 2017 instituted for the offence under Section 365 of the Indian Penal Code.

It is alleged in the written report that brother of Rahul Kumar was kidnapped by Anita Devi along with 4 to 5 other accused persons.

Learned counsel for the petitioner has submitted that petitioner is not named in the First Information Report. The victim boy on recovery has given statement under Section 164 Cr. P.C. which has been enclosed as Annexure-4 wherein he has not taken the name of this petitioner.

Patna High Court Cr.Misc. No.2888 of 2018 (2) dt.17-01-2018 2/2 Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Khaira P.S. Case No. 32 of 2017, 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 learned Chief Judicial Magistrate, Jamui, subject to the conditions as laid down under Section 438 (2) Cr. P.C.

with further conditions (1) bailors should be local having sufficient 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 their 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) S.Ali/- U T