Arun Mallik v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85840 of 2019 Arising Out of PS. Case No.-145 Year-2019 Thana- ANDHRAMATH District- Madhubani ====================================================== ARUN MALLIK Son of Late Kailu Mallik Resident of Village - Rouaahi, P.S.- Andhramath, District - Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hriday Narayan Harshit For the Opposite Party/s :

Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 16-01-2020 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner seeks bail in a case registered under sections 380 and 457 of the IPC.

One steel box kept in the house of the informant is said to be found broken on 22.09.2019 when the informant woke up in the morning.

It is alleged that five "Sarees" of his daughter and joint pass book of the informant and his wife along with some stationery articles were missing.

Petitioner has been implicated on the basis of recovery made from his hutment outside the house.

Petitioner's counsel submits that having no criminal antecedent, petitioner has been framed in this case at the hands of the informant on account of subsisting dispute between them

Patna High Court CR. MISC. No.85840 of 2019(2) dt.16-01-2020 2/2 as both are neighbours.

Recovery is also not in accordance with law and surprisingly has been made on the same day, from the house of neighbour (petitioner), on which date F.I.R has been lodged. Petitioner is in custody since 23.09.2019.

Considering the aforesaid submissions, prayer for bail is allowed.

Let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, Ist Class, Jhanjharpur District Madhubani in Andhramath P.S. Case no. 145/2019 subject to the following conditions.

(1) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

s.hassan/- (Madhuresh Prasad, J) U T