Tunnu Thakur @ Tannu Thakur @ Devanand Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.52 of 2019 Arising Out of PS. Case No.-231 Year-2018 Thana- SAHPUR District- Bhojpur ====================================================== Tunnu Thakur @ Tannu Thakur @ Devanand Thakur S/o- Ramdeo Thakur R/o Village- Gaura, P.S.- Bihiyan, District- Bhojpur. ... ... Appellant/s
Versus
The State Of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Ravindra Kumar For the Respondent/s :
Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 07-02-2019 The appellant seeks pre-arrest bail in connection with Sahpur (Bahoranpur) P.S. Case No. 231 of 2018, registered for offences punishable under Sections 363, 365, 504, 506/34 of the Indian Penal Code and Section 3(i)(r)(s) of SC/ST Act. Allegation as per F.I.R. against the appellant is that he threatened the informant in respect of giving vote to Gita Devi and also abused him by taking caste name and due to the threatening, the informant and his wife left the house, thereafter, their son was kidnapped.
Submission of learned counsel for the appellant is that the statement of boy has been recorded under Section 164 Cr.P.C. before the Magistrate, in which he has not supported the prosecution case and the boy has stated that he was not
Patna High Court CR. APP (SJ) No.52 of 2019 dt.07-02-2019 2/2 kidnapped, but had gone at his maternal uncle. 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 1st Additional District and Sessions Judge, Bhojpur at Ara, in connection with Sahpur (Bahoranpur) P.S. Case No. 231 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