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Patna High CourtCR. MISC./44442/2016bail granted

Rupesh Kumar Jha @ Rupesh Jha @ Rupesh Kumar v. The State Of Bihar

2016-10-26Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44442 of 2016 Arising Out of PS.Case No. -70 Year- 2015 Thana -AIRPORT District- PATNA ====================================================== Rupesh Kumar Jha @ Rupesh Jha @ Rupesh Kumar, S/o Pawan Kumar Jha, R/o Bihar Military Police (B.M.P.)-5, Quarter Camp Jail, P.S. Hawai Adda, Dist. Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Uday Prasad For the Opposite Party/s : Mr. Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 26-10-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Hawai Adda P.S. Case No. 70 of 2015 registered under Section 457 of the Indian Penal Code.

The accusation is that in the night of 12/13.05.2015, the petitioner entered in the house of the informant Lilam Devi and made attempt to kill her by folding Gamcha in her neck. In the meantime, the daughter of informant woke up and started raising hulla. In that course, mother, elder brother and sister of the petitioner came, thereafter, petitioner fled away.

Learned counsel appearing on behalf of the

Patna High Court Cr.Misc. No.44442 of 2016 (2) dt.26-10-2016 2/2 petitioner submits that in fact, family members of the petitioner were residing adjacent to the Government Quarter of the informant. The dispute with regard to the Dog of the informant, petitioner has falsely been implicated in this case with false allegation. Further submission is that while the petitioner is accused in Hawai Adda P.S. Case No. 53 of 2014, but he is on bail in the said case.

Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st Class, Patna in connection with Hawai Adda P.S. Case No. 70 of 2015, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Rajendra Kumar Mishra, J) Shail/- U T