Jitendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60439 of 2022 Arising Out of PS. Case No.-284 Year-2022 Thana- MADHEPURA District- Madhepura ====================================================== Jitendra Kumar S/O Jay Kumar Singh Resident Of Village- Parmanandpur, Ward No- 11, P.S.- Srinagar, District- Madhepura. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sushil Kumar Jha For the Opposite Party/s :
Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-01-2023 Heard learned counsel for the parties.
The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 363, 365 and 34 of the Indian Penal Code.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that the son of the informant had gone out of his house along with the petitioner and others with the consent of informant. He submits that the petitioner and informant's son went with the petitioner with the consent of the informant, therefore, no case is made out against the petitioner under Sections 363, 365 and 34 of the IPC. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application.
Learned APP for the State opposes the prayer for
Patna High Court CR. MISC. No.60439 of 2022(2) dt.10-01-2023 2/2 bail and submits that the victim is traceless. Considering the facts and circumstances of the case and the fact that no case under Sections 363, 365/34 of the IPC is made out against the petitioner, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail 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 Madhepura P.S. Case No. 284 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) devendra/- U T