Jitender Kumar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75243 of 2022 Arising Out of PS. Case No.-566 Year-2022 Thana- KOILWAR District- Bhojpur ====================================================== JITENDER KUMAR CHOUDHARY Son of Deelip Chaudhary R/vJamalpur, New Mohammadpur, Ward No. 12, P.S.- Koilwar, District- Bhojpur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sarva Deo Singh, Adv.

For the Opposite Party/s :

Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 19-06-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Koilwar P.S. Case No. 566 of 2022 registered for the offence under Sections 386, 387, 504, and 506 of the Indian Penal Code.

The petitioner is alleged to have demanded ransom of Rs. 100000/- from the wife of the informant and he has received 16000/- in his account through UPI transfer. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated. The

Patna High Court CR. MISC. No.75243 of 2022(3) dt.19-06-2023 2/3 petitioner has never demanded any amount from the informant or his wife. He further submits that the petitioner and the wife of the informant was face book friend. No cogent material has surfaced during course of investigation suggesting the involvement of the petitioner in the alleged occurrence. He further submits that altogether 16000/- has been credited in the account of petitioner on four equal installments. He further submits that the police after investigation has submitted charge-sheet in this case against the petitioner. The petitioner is rotting in judicial custody since 06.09.2022.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, let the, above named, petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur in connection with Koilwar P.S. Case No. 566 of 2022 with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the

Patna High Court CR. MISC. No.75243 of 2022(3) dt.19-06-2023 3/3 Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) brajesh/- U T