Munna Rajak @ Munn Rajak v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2122 of 2018 Arising Out of PS.Case No. -671 Year- 2017 Thana -PHULWARISHARIF District- PATNA ====================================================== Munna Rajak @ Munn Rajak S/o Late Chakauri Rajak, R/o VillageChunauti Kuan Daniyapatti, P.S.- Phulwarisharif, District- Patna. .... .... Petitioner
Versus
1. The State of Bihar.
2. Arti Devi W/o Arbind Kumar Singh, R/o Village- Bajrangbali Colony, P.S.- Phulwarisharif, District- Patna.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Navin Kumar Sinha, Advocate. For the Opposite Parties : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 15-01-2018 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody since 19.10.2017 in connection with Phulwarisharif P.S. Case No. 671 of 2017 for the offences alleged under Sections 406, 420, and 504/34 of the Indian Penal Code.
3. It is submitted that the petitioner has been falsely implicated and in any event even according to the F.I.R. an amount of Rs. 3,00,000/- was allegedly given by the informant to the petitioner's wife and not to him. It is submitted that the petitioner's wife has since been granted bail by this Court in Cr. Misc. No. 231 of 2018 with condition to deposit of 50% of the amount i.e. 1,50,000/- in the court below subject to the result of the
case. It is submitted that there is no material to establish the actual giving of the loan by the informant. In any event, it is submitted that the transaction is purely of civil nature. The petitioner claims clean antecedents.
4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be 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 Sub-Judge-XV-cum-A.C.J.M., Patna, in connection with Phulwari Sharif P.S. Case No. 671 of 2017, on the following 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) 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) Md. Ibrarul/- U T