Jitendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52095 of 2022 Arising Out of PS. Case No.-144 Year-2021 Thana- PANDARAK District- Patna ====================================================== JITENDRA KUMAR S/o Arbind Saw Resident of Gowasa Seikhpura, P.S.- Pandarak, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Pandey, Adv.

For the Opposite Party/s :

Mr.Upendra Kumar, APP Mr.Shailendra Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-05-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner apprehends his arrest in a case registered for the offence punishable u/s 406, 420, 341, 323, 379, 354, 504, 506/34 of the IPC.

Allegedly, petitioner cheated Rs.80,000/- from the informant on the assurance of doubling the same and after over of maturity, when she demanded her amount, the petitioner assaulted her badly and took away gold chain. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. There is general and omnibus allegation against the petitioner. It is further submitted

Patna High Court CR. MISC. No.52095 of 2022(5) dt.02-05-2023 2/2 that no chit of paper has been produced to show that the informant has given the said money to the petitioner. There is a civil dispute between the parties. Petitioner has no criminal antecedent, as mentioned in para-3 of the bail application. Learned APP for the State as well as learned counsel for the informant vehemently opposed the prayer for bail. Having regard to the facts and circumstances of the case, since there is no specific overt act against the petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Pandarak P.S. Case No.144 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T