Mithu Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23337 of 2015 Arising Out of PS.Case No. -265 Year- 2014 Thana -CHATOUNI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Mithu Ram S/o Punit Ram Resident of Village Patkhaulia, P.S. Mufassil, District East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Kumar No.Iii For the Opposite Party/s : Mr. Madhuranand Jha (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 08-10-2015 Heard the learned counsel for the petitioner as well as the learned A.P.P.

The petitioner seeks bail in a case for the offences punishable under section 365 of the I.P.C Nishant Kumar @ Mangroo, aged 19 years, the son of the informant was going to visit the fair but did not return and accordingly case was registered against unknown under section 365 I.P.C. During investigation it transpires that from the SIM of the petitioner ransom was demanded.

Submission is of false implication and that SIM of the petitioner with mobile was lost and the petitioner being labourer and lay man did not give information regarding missing of his SIM rather the petitioner used two SIMS which have also been

Patna High Court Cr.Misc. No.23337 of 2015 (3) dt.08-10-2015 2/2 seized by the police but by that SIM no ransom was demanded. The victim was in love affairs with the girl and to save his skin the informant lodged this case resulting the petitioner is suffering in custody since 11.12.2014, charge sheet has already been submitted and there is no chance of tampering with the prosecution evidence and further by putting the petitioner behind the bar no fruitful purpose is going to be served.

The learned A.P.P. opposes prayer for bail.

In the facts and circumstances as stated above, considering that charge sheet has already been submitted and there is no chance of tampering with the prosecution evidence, the petitioner is directed to 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 C.J.M. Motihari, East Champaran in Chhatauni P.S. Case No. 265 of 2014, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) Abhay/- U T