Jitendra Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.7397 of 2017 (3) dt.30-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7397 of 2017 Arising Out of PS.Case No. -156 Year- 2016 Thana -AURAI District- MUZAFFARPUR ====================================================== Jitendra Kumar, son of Late Ram Kripal Das, resident of Village- Narma, P.S.- Hathauri, District- Muzaffarpur..... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Ravi Ranjan For the Opposite Party/s : Mr. Sri Vinod Shankar Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 30-03-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner seeks bail in connection with Aurai P.S. Case No. 156 of 2016 registered for the offences punishable under Sections 384, 385, 387 of the Indian Penal Code. Allegedly, through mobile no. 7519668092 ransom was demanded from the informant on his mobile causing threats to kill him within 10 days if the demand will not be fulfilled. During investigation the name of the petitioner transpired and the petitioner confessed his guilt, further the SIM of Airtel by which ransom was demanded was seized from co-accused Ajay Kumar. Submission is of false implication and that there is no legal and tangible material against the petitioner, the petitioner is suffering in custody since 29.10.20.2016, statement of Kanti Devi cannot be connected with this case and as such the petitioner

Patna High Court Cr.Misc. No.7397 of 2017 (3) dt.30-03-2017 deserves sympathetic consideration.

Learned APP opposes the prayer of bail by submitting that the witnesses have stated that the petitioner is of criminal nature and used to demand extortion and further the mobile in question was used by the petitioner.

In the facts and circumstances stated above, considering that the said SIM has not been recovered from possession of the petitioner rather the same was recovered from possession of coaccused Ajay Kumar, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri S. K. Tripathi, J. M. Ist Class, Muzaffarpur in connection with Aurai P.S. Case No. 156 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T