Jamun Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36406 of 2015 Arising Out of PS.Case No. -83 Year- 2014 Thana -ARER District- MADHUBANI ====================================================== Jamun Thakur, son of Anirudh Thakur, R/o village- Narhi, P.S.- Arer, District- Madhubani .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. N.K. Agrawal, Sr.Advocate Mr. Ashok Kumar Jha, Advocate For the Opposite Party/s : Ms. Rita Verma(APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 15-12-2015 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is apprehending his arrest in connection with Arer P.S. Case No.83 of 2014 for allegedly having committed the offence under Sections 394 and 302/34 of the Indian Penal Code.

Case diary in the present case was called for, which has since been received.

Learned counsel for the petitioner submits that the petitioner is not named in the F.I.R. and whatever has come against him is only because of the fact that one Raman Yadav had been arrested in connection with the present case and it was found that one of the mobile numbers with which said Raman Yadav had been communicating was bearing Mobile

Patna High Court Cr.Misc. No.36406 of 2015 (3) dt.15-12-2015 2 / 2 no.8007064284. The said mobile number is said to be belonging to the petitioner's wife and, therefore, the petitioner has been implicated in connection with the present case. Learned counsel for the petitioner further submits that there is an oral dying declaration by the husband of the informant and in that name of Raman Yadav had been taken and not that of this petitioner.

Considering the aforementioned facts and circumstances and that there being no further cogent material in the case diary so as to implicate the petitioner in connection with the present case, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, 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 the learned Chief Judicial Magistrate, Madhubani, in connection with Arer P.S. Case No.83 of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Anjana Mishra, J) PNM U T