Kanhaiya Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51208 of 2015 ======================================================
1. Kanhaiya Jha son of Anand Jha, Resident of village- Ulao, P.S.- Muffasil (Singhaul), District- Begusarai, Bihar .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Munna Prasad Singh For the Opposite Party/s : Mr. J.N. Thakur (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 30-01-2016 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks bail in a case instituted for the offences under Sections 376, 506 of the Indian Penal Code and Section 4/5 POSCO Act, 2012.
As per First Information Report the allegation of committing un-natural crime against minor girl by Birju Kumar has been made. Lot of things have been said against him but allegation of hurling of threat on victim has been made against the petitioner. Statement made under section 164 of the Code of Criminal procedure also states story in what manner Birju Kumar has committed crime against minor girl. There is no such allegation against the petitioner. Having considered the facts and circumstances of the
Patna High Court Cr.Misc. No.51208 of 2015 (2) dt.30-01-2016 case, let petitioner, Kanhaiya Jha, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-I-cum-Special Judge, Begusarai in connection with Muffasil (Singhaul) P.S. Case No. 244 of 2015 (POSCO Case No.38 of 2015), subject to the conditions that (i) one of the bailors shall be father of the petitiner (ii) If the petitioner is found involved in future in similar type of case the prosecution will be at liberty to make prayer for cancellation of his bail and the court below will pass necessary order including cancellation of bail and (iii) petitioner would participate in the court proceeding and in the event of being absent on two consecutive dates, the court below will be at liberty to cancel the bail bonds of the petitioner.
(Shivaji Pandey, J) Vinay/- U T