Jitendra Kumar @ Jitendra Kumar Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40423 of 2019 Arising Out of PS. Case No.-83 Year-2019 Thana- KURSAKANTA District- Araria ====================================================== 1.
JITENDRA KUMAR @ JITENDRA KUMAR DAS Son of Lakhichand Das Resident of Village- Shivpuri, Ward No. 09, P.S.-Araria, District- Araria. 2.
Vishal Kumar Son of Sunil Das Resident of Village- Shivpuri, Ward No. 09, P.S.-Araria, District- Araria.
3.
Jawahir @ Jawahar Das Son of Late Banarasi Das Resident of VillageShivpuri, Ward No. 09, P.S.-Araria, District- Araria. 4.
Naresh Das Son of Late Banarasi Das Resident of Village- Shivpuri, Ward No. 09, P.S.- Araria, District- Araria.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar Sharma For the Opposite Party/s :
Mr.Raj Kishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 03-07-2019 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest for the offences alleged under Sections 363, 366, 366(A)/34 IPC registered in connection with Kursakanta P.S. Case No. 83 of 2019.
3. It is submitted that the petitioners have been falsely implicated as evident from the statement of the so-called victim girl recorded under Section 164 Cr.P.C. wherein she has categorically stated that on being scolded by her mother she voluntarily went to the residence of his sister. It is therefore, submitted that the ingredients of Section 366A of IPC are not satisfied. The petitioners claim clean antecedents.
4. Be that as it may, in the event of the petitioners arrest or surrender before the court below within six weeks from the date
Patna High Court CR. MISC. No.40423 of 2019(2) dt.03-07-2019 2/2 of communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned CJM, Araria, in connection with Kursakanta P.S. Case No. 83 of 2019, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions:
i. That one of the bailors shall be a close relative of the petitioners.
ii. That the petitioners shall not indulge in any similar offence till conclusion of the trial.
iii. That the petitioners shall co-operate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.
iv. The petitioners 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, their bail bonds shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/- U T