HARIPADA KUMBHAKAR Vs. HARIPADA KUMBHAKAR

JUDGEMENT

(1.) THIS writ application is directed against the order dated 13.7.2009 passed by the Judicial Magistrate, 1st Class, Jamshedpur in G.R.No.1080 of 2009 (arising out of Patamda P.S. case no.33 of 2009) whereby learned Magistrate for the reasons stated therein declined to accept the bail bond furnished by the petitioner.

(2.) THE case of the petitioner is that the informant, Rakhal Chandra Razak lodged a case alleging therein that on 11.4.2009 some unknown persons demanded Rs.1 lac from him by giving threatening that if the demand is not fulfilled, he will face dire consequences. Thereafter repeatedly demands were made through Mobile, upon which a case was registered under section 384, 387 and 120(B) of the Indian Penal Code.

(3.) WHEN the Investigation Officer failed to submit charge sheet within 60 days, the petitioner filed an application on 6.7.2009 under section 167(2) of the Code of Criminal Procedure before the Chief Judicial Magistrate, Jamshedpur. On filing the said application, learned Chief Judicial Magistrate called for a report from the G.R. clerk as to whether final form has been submitted or not. Immediately the report was submitted to the effect that no final form has been submitted. Thereupon learned Chief Judicial Magistrate on 6.7.2009 at 1.40 P.M. directed the petitioner to be enlarged on bail on furnishing bail bond of Rs.10,000/ - (ten thousand) with two sureties of the like amount each.