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Patna High CourtCR. APP (SJ)/717/2019allowed

Tanki Yadav v. The State Of Bihar

2019-03-01Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.717 of 2019 Arising Out of PS. Case No.-764 Year-2018 Thana- KADAMKUAN District- Patna ====================================================== Tanki Yadav Son of late Jagdish yadav @ Deepak Gope R/o Mohalla- Kajipur Akharapar, P.S- Kadam Kuan , District- Patna ... ... Appellant/s

Versus

The State Of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Ashok Kumar Jha For the Respondent/s :

Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 01-03-2019 The appellant seeks pre-arrest bail in connection with Kadam Kuan P.S. Case No. 764 of 2018, registered for offences punishable under Sections 336, 504 of the Indian Penal Code and Section 3(i)(x) of SC/ST Act.

Allegation as per F.I.R. is that the informant was in her house and her husband and son have gone to attend a marriage ceremony and at that time some accused persons including the petitioner came and made indiscriminate firing, threatened her and also abusing the informant by taking caste name. Submission of learned counsel for the appellant is that as a matter of fact earlier to this case, a case has also been lodged by the mother of the appellant and due to that the present case has been lodged with the ornamental allegation.

Patna High Court CR. APP (SJ) No.717 of 2019 dt.01-03-2019 2/2 Heard learned Special P.P. also.

Having heard both sides, considering the facts and circumstances of the case as stated above, let the appellant, above named, be surrendered within a period of six weeks and on surrender he will release on bail on furnishing bail bonds of Rs. 25,000/- (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, SC/ST, Patna, in connection with Kadam Kuan P.S. Case No. 764 of 2018, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

Accordingly, this appeal is allowed and the impugned order is set-aside.

(Vinod Kumar Sinha, J) Amjad/- AFR/NAFR CAV DATE Uploading Date Transmission Date