Patna High CourtCR. MISC./86943/2019bail granted

Sakaldeo Dass v. The State Of Bihar

2020-01-18Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86943 of 2019 Arising Out of PS. Case No.-288 Year-2019 Thana- TURKAULIYA District- East Champaran ====================================================== SAKALDEO DASS, aged about 73 years, (Male), S/o Late Bhukhal Dass, R/o village- Areraj Road, Raghunathpur, Ward No. 9, P.S.- Turkauliya (Raghunathpur), District- East Champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Binod Kumar Mishra, Adv.

For the Opposite Party/s :

Mr.Dilip Kumar No. 1 (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-01-2020 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in a case registered for the offences punishable under Sections 363, 366(A), 34 of the Indian Penal Code.

Informant has alleged that on 10.05.2019 at about 9:30 when his minor daughter went to school, on the way petitioner along with F.I.R. named accused persons kidnapped his daughter on the point of pistol.

It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case due to family dispute. Petitioner is

Patna High Court CR. MISC. No.86943 of 2019(2) dt.18-01-2020 2/2 an old man aged about 73 years and living separate from their sons since ten years. Petitioner has no criminal antecedent and is in custody since 17.06.2019.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, in connection with Turkauliya (Raghunathpur) P.S. Case No. 288 of 2019 (G.R. No. 3174 of 2019), subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Rajiv/- U T