Jitendra Hazari @ Jitendar Hazari Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Jitendra Hazari @ Jitendar Hazari Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Bail granted: petitioner to be released on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each, subject to conditions that one bailor be an own/close family member and that the petitioner appear on every trial date, failing which on two consecutive defaults the Trial Court may cancel the bail bonds.

Issue for consideration

Whether the petitioner, arraigned in Jamalpur (Badgaon) P.S. Case No. 80 of 2023 for offences under Sections 363, 366(A) & 34 of the Indian Penal Code, should be granted bail.

Court's answer

Taking into account the facts and circumstances, the period of custody, the petitioner's clean antecedents, and the fact that the victim solemnized marriage with the petitioner of her own volition, the Court was inclined to grant bail.

Ratio / Principle

The petitioner was ordered to 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 Court below/concerned Court, subject to conditions.

Key takeaways

Bail was made subject to conditions: one of the bailors shall be an own/close member of the petitioner's family, and the petitioner shall appear on each and every date fixed at trial; on default in appearance on two consecutive dates, the Trial Court has liberty to cancel the bail bonds.ratio¶23

Detailed headnote1 paragraphs

Bail — Offences under Sections 363, 366(A) & 34, Indian Penal Code — Jamalpur (Badgaon) P.S. Case No. 80 of 2023, District Darbhanga — Allegation that informant's daughter was abducted by the accused, including the petitioner, for solemnization of marriage — Petitioner in custody since 26-10-2023 with clean antecedents — Victim, on recovery, stated in her statement that no one kidnapped her and that she solemnized marriage with the petitioner at Ambala of her own volition — Held, bail granted on bond of Rs. 10,000/- with two like sureties, one bailor to be an own/close family member of the petitioner, and subject to appearance on every trial date; default on two consecutive dates entitles the Trial Court to cancel the bail bonds.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.18554 of 2024

Arising Out of PS. Case No.-80 Year-2023 Thana- JAMALPUR District- Darbhanga

======================================================

Jitendra Hazari @ Jitendar Hazari Son of Laltun Hazari Resident of VillagePalwa, P.S.- Jamalpur (Badgaon), District- Darbhanga

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner : Mr. Girish Chandra Jha, Advocate For the State : Ms. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

ORAL ORDER

2 14-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Jamalpur (Badgao OP) P.S. Case No. 80 of 2023 instituted for the offence under Sections 363, 366(A) & 34 of the Indian Penal Code.

3. Prosecution case in short is that daughter of the informant was abducted by the accused persons, including the petitioner for the purpose of solemnizing marriage.

4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 26-10-2023s. Petitioner is stated to be man of clean antecedent.

5. It has been further submitted by the petitioner’s

Patna High Court CR. MISC. No.18554 of 2024(2) dt.14-03-2024 2/3

counsel that petitioner has been falsely implicated in the present case. It is submitted that daughter of the informant and the petitioner were in love. The daughter of the informant was recovered and in her statement she has not made any allegation against the petitioner, rather she has specifically stated that no one kidnapped her and she solemnized the marriage with the petitioner at Ambala with her own volition. It is lastly submitted that due to previous animosity, petitioner has been dragged in this case on extraneous considerations.

6. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

7. Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, clean antecedent of the petitioner and the fact that she on her own volition solemnized marriage with the petitioner, this Court is inclined to grant bail to the petitioner.

8. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Jamalpur (Badgao OP) P.S. Case No. 80 of 2023, subject to the following conditions:

Patna High Court CR. MISC. No.18554 of 2024(2) dt.14-03-2024 3/3

(I) One of the bailors shall be own/close member of the

family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J)

Raj Kishore/- U T