Patna High CourtCR. MISC./62736/2017bail granted

Sant Lal Thakur v. The State Of Bihar

2018-01-30Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62736 of 2017 Arising Out of PS.Case No. -498 Year- 2017 Thana -KAHALGAON District- BHAGALPUR ======================================================

1. Sant Lal Thakur S/o Late Sukan Thakur, R/o Village- Simariya, P.S.- Kahalgaon , District- Bhagalpur.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Manoj Kumar Jha For the Opposite Party/s : Mr. Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 30-01-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Kahalgaon P.S. Case No.498/2017 registered for the offence punishable under Section 366/34 of the Indian Penal Code. Allegedly, married daughter of the informant was kidnapped by the petitioner and his son. During investigation, the statement of victim girl has been recorded under Section 164 of the Cr.P.C. wherein she has not supported the allegation of kidnapping rather she has stated that she went out of her own sweet will with co-accused Ram Pravesh Thakur. Submission is of false implication and that no offence as alleged is made out against the petitioner, co-accused Ram

Patna High Court Cr.Misc. No.62736 of 2017 (2) dt.30-01-2018 2/2 Pravesh Thakur has already been allowed pre-arrest bail vide Cr. Misc. No.849 of 2018 and as such the petitioner also deserves sympathetic consideration.

Learned A.P.P. does not oppose the prayer of pre-arrest bail in view of the statement of victim girl. In the facts and circumstances as stated above, let the petitioner above named, in the event of his arrest or surrender before the Court below within a period of four weeks from the date of receipt/production of a copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Bhagalpur, in connection with Kahalgaon P.S. Case No.498/2017, corresponding to G.R. No.4821 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) Amit/- U T