Jitendra Kumar @ Jitendra Pal And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64113 of 2018 Arising Out of PS. Case No.-2054 Year-2017 Thana- PATNA COMPLAINT CASE DistrictPatna ======================================================

1. Jitendra Kumar @ Jitendra Pal S/o Baleshwar Pal,

2. Baleshwar Pal, S/o Late Ram Bhajan Sah, Both resident of Village - Karori Chak, P.S.- Phulwari, District - Patna. ... ... Petitioners

Versus

1. The State Of Bihar

2. Pawan Kumar, S/o Late Bansi Lal, Resident of Village/Mohalla- Digha Ghat, P.S.- Digha, District - Patna.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioners :

Mr. Chhote Lal Mishra, Advocate For the State :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 21-02-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 379, 406, 420 and 500/34 of the Indian Penal Code registered in connection with Complaint Case No. 2054(C)/ 2017.

3. It is submitted that the petitioners have been falsely implicated and on finding the petitioner no. 1 to be physically challenged, the complainant has refused the marriage of his daughter with petitioner no. 1. It is further stated that any amount received from the complainant has been returned by the petitioners. The petitioners claim clean antecedents.

4. Learned counsel for the complainant-opposite party no. 2 refers to the counter affidavit to submit that the amount of Rs. 2,00,000/- paid in cash to the petitioner no. 2 has not been returned.

5. Be that as it may, in the event of the petitioners' arrest or surrender before the court below within six weeks from the date of

Patna High Court Cr.Misc. No.64113 of 2018(4) dt.21-02-2019 2/2 communication of this order, let the above named petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Patna in connection with Complaint Case No. 2054(C)/2017, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. and with further conditions -- (i) That one of the bailors of each of the petitioners shall be their close relatives.

(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioners shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned. BT/Chandran (Vikash Jain, J) U T