Jahindra Turi v. The State Of Bihar

Patna High Court Cr.Misc. No.48883 of 2015 (3) dt.07-12-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48883 of 2015 Arising Out of PS.Case No. -84 Year- 2015 Thana -KHAIRA District- JAMUI ======================================================

1. Jahindra Turi Sonof Late Nand Kishore Turi, resident of village - Jhundo P.S. - Khaira, District - Jamui. .... .... Petitioner

Versus

1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Amrendra Kumar For the Opposite Party/s : Mr. C. Jawahar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 07-12-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner seeks bail in connection with Khaira P.S. Case No. 84 of 2015 registered for the offence punishable under Sections 366 of the Indian Penal Code.

Allegedly, Pratima Devi the married daughter of the informant was kidnapped by Sabari Turi, the son of the petitioner, and she was wearing ornaments valuing rupees thirty thousand. It is also alleged that the petitioner has also his hands in the said kidnapping.

Submission is of false implication and that the petitioner has been implicated as he is the father of Sabari Turi, he has got no knowledge about the said kidnapping. No incriminating article has been recovered from possession of the petitioner. The

Patna High Court Cr.Misc. No.48883 of 2015 (3) dt.07-12-2015 petitioner has two sons and a daughter and both sons are separate from the petitioner. He being old man having no criminal antecedent deserves sympathetic consideration as he is suffering in custody since 06.06.2015. In this case chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence.

Learned APP submits that the victim is still traceless. In the facts and circumstances stated above, considering that the main allegation is against the son of the petitioner and not against the petitioner, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Shri U. K. Pandey, J M. Ist Class, Jamui in connection with Khaira P.S. Case No. 84 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) avin/- U T