Prashant Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31818 of 2019 Arising Out of PS. Case No.-239 Year-2018 Thana- BASOPATTI District- Madhubani ====================================================== Prashant Kumar Jha, Male, Aged about 20 years Son of Late Ramakant Jha Resident of Village - Ghorbanki Tole, Loharpatti, P.S.- Basopatti, District Madhubani.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Ugranath Mallik, Advocate For the Opposite Party :

Mr.Pancha Nand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 15-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Section 365 of the Indian Penal Code registered in connection with Basopatti P.S. Case No. 239 of 2018.

3. It is submitted that the petitioner has been falsely implicated on mere suspicion, except which there is no objective material to connect him with the alleged occurrence. There is some delay in instituting the FIR on 06.10.2018 for the alleged occurrence of 29.09.2018. The house of the petitioner is adjacent to the house of the informant. The petitioner works for his livelihood in Delhi leaving his widow mother at the house and the informant with a view to grab the house of the petitioner has lodged the present FIR. The allegation against the petitioner that he is an anti-social element with criminal propensity is belied from the very fact that the petitioner has clean antecedent.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be

Patna High Court CR. MISC. No.31818 of 2019(2) dt.15-05-2019 2/2 released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhubani in connection with Basopatti P.S. Case No. 239 of 2018, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. and with further conditions -- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (iv) That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Vikash Jain, J) BT/- U T