Pappu Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45845 of 2013 ======================================================
1. Pappu Thakur Son Of Late Jai Nandan Thakur Resident Of VillageManoharpur Kachhuara, P.S. Gopalpur, District Patna .... .... Petitioner/s
Versus
1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. B.K.Sinha, Senior Advocate Mr. Manish Kumar, Advocate.
For the Opposite Party/s : Mr. Durgesh Nandan (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE I. A. ANSARI ORAL ORDER 20-02-2015 This is an application, made under Section 438 of the Code of Criminal Procedure, seeking pre-arrest bail by the petitioner, namely, Pappu Thakur, in connection with Krishnanagar Police Station Case No. 55 of 2013 under Section 366A read with Section 34 of the Indian Penal Code. Perused the above application, materials available in the case-diary and materials on record including a copy of the order, dated 21.09.2013, passed, in A.B.P. No. 2275 of 2013, by the learned Sessions Judge, Patna, dismissing the said application for pre-arrest bail.
Heard Mr. B.K. Sinha, learned Senior counsel for the petitioner, and Mr. Durgesh Nandan, learned Additional Public Prosecutor, appearing on behalf of the State. Perused the order, dated 02.12.2014, passed, in A.B.P. No. 24573 of 2014, whereby prayer for anticipatory
Patna High Court Cr.Misc. No.45845 of 2013 (4) dt.20-02-2015 2/3 bail was allowed in favour of the main accused, namely, Manish Thakur, who had allegedly kidpanned/abducted the informant's daughter.
Considering the fact that main accused, namely, Manish Thakur, has already been granted anticipatory bail on the ground that the alleged victim is a major and had left her parental house on her own volition, this Court is of the view that in the facts and attending circumstances of the present case, the accused-petitioner has been able to make out a reasonable case calling for extending benefit of pre-arrest bail to him.
Considering, therefore, the matter in its entirety and in the interest of justice, it is hereby directed that the petitioner above-named shall, in the event of his arrest in connection with the case aforementioned, be released on bail of Rs. 10,000/-, with two sureties, each of the like amount, subject to the satisfaction of the Officer-in-Charge, Ram Krishnanagar Police Station, Patna. This direction for bail is further subject to the condition that the petitioner abovenamed shall, within two weeks from today, appear before the Officer-in-Charge, Ram Krishnanagar Police Station, Patna, and make himself available for interrogation by police at all reasonable time and shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted
Patna High Court Cr.Misc. No.45845 of 2013 (4) dt.20-02-2015 3/3 with the facts of the case so as to dissuade him or her from disclosing such facts to the Court or to any police officer. This application for pre-arrest bail shall stand disposed of in terms of the above observations and directions.
Let a copy of this order be sent, forthwith, to the Officer-in-Charge, Ram Krishnanagar Police Station, Patna. Send also a copy of this order, forthwith, to the Senior Superintendent of Police, Patna, by fax. (I. A. Ansari, J.) Mkr./- U