Sumit Kumar @ Bigan @ Bigan Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.78632 of 2018 Arising Out of PS. Case No.-531 Year-2018 Thana- SITAMARHI District- Sitamarhi ====================================================== Sumit Kumar @ Bigan @ Bigan Sah son of Ram Babu Sah, Resident of Village- Pamara, P.S. & District- Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar Jha For the Opposite Party/s :
Mr.Smt. Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 07-01-2019 Heard learned counsel for the parties.
Petitioner seeks bail in Sitamarhi (Punaura O.P) P.S. Case No. 531 of 2018 registered for the offence punishable under Sections 341, 385, 504, 506/34 of the Indian Penal Code and thereafter Section 384 of the IPC was added. Informant in his written complaint has alleged that petitioner and his two associates came to his house and demanded ransom of Rs. 5 Lacs and when alarm was raised by Informant, villagers and his family members assembled there and petitioner with his two associates fled away leaving the motorcycle.
It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case due to village rivalry. Petitioner has got no criminal antecedent and is
Patna High Court Cr.Misc. No.78632 of 2018(2) dt.07-01-2019 2/2 in custody since 08.08.2018.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi, in connection with Sitamarhi (Punaura O.P) P.S. Case No. 531 of 2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) ranjan/- U