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Vibhash Chandra Thakur v. The State Of Bihar

Vibhash Chandra Thakur v. The State Of Bihar

(High Court Of Judicature At Patna)

Criminal Appeal (SJ) No. 4714 of 2018 | 24-01-2019

ORAL JUDGMENT

1. This appeal is for grant of pre-arrest bail to the appellant against the order dated 20.9.2018 passed by Additional District & Sessions Judge-IIIcum-Special Judge, SC/ST Act, Bhagalpur, in ABP No. 2273 of 2018 by which learned Special Judge has rejected prayer for pre-arrest bail of the appellant, who has been made accused in Mohahidpur (Babarganj) P.S.Case No. 189 of 2018 registered under Sections 363, 365, 34 of the Indian Penal Code and Sections 3(i)(r), 3(ii)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

2. Allegation as per FIR is that informant alleged that his son, who is dumb and deaf, was deputed in the house of relative of the appellant as domestic servant and he is traceless and as a matter of fact they have kidnapped his son.

3. Submission of learned counsel for the appellant is that son of the informant was traceless from his house and for that he has given information to the police also and his photograph was also distributed in the locality and as he has not been traced out the present false and concocted case has been filed.

4. Heard learned Special P.P.

5. Having heard both sides and in the facts and circumstances, let the appellant, named above, be released on bail, in the event of arrest or surrender, on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-III-cum-Special Judge, Bhagalpur, in connection with Mojahidpur (Babarganj) P.S.Case No. 189 of 2018, subject to the conditions as laid down under Section 438(2) Cr.P.C. and one of the bailors of the appellant shall be a local person, having sufficient immoveable properties within the jurisdiction of court concerned.

6. Accordingly, the appeal is allowed and the impugned order dated 20.9.2018 is set aside.

Advocate List

  • For the Appellant/s : Mr.Indeshwari Prasad Mandal, Advocate For the Respondent/s : Mr.Binay Krishna, Special P.P

Bench
  • HON'BLE MR. JUSTICE VINOD KUMAR SINHA
Eq Citations
  • LQ/PatHC/2019/621
Head Note

Code of Criminal Procedure, 1973 — S. 438 — Pre-arrest bail — Grant of — Allegation that informant's son, who is dumb and deaf, was deputed in the house of relative of appellant as domestic servant and he is traceless and as a matter of fact they have kidnapped his son — Submission of appellant that son of informant was traceless from his house and for that he has given information to police also and his photograph was also distributed in the locality and as he has not been traced out the present false and concocted case has been filed — Appellant directed to be released on bail on furnishing bail bond of Rs. 25,000 with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-III-cum-Special Judge, Bhagalpur, in connection with Mojahidpur (Babarganj) P.S.Case No. 189 of 2018, subject to the conditions as laid down under S. 438(2) Cr.P.C. and one of the bailors of the appellant shall be a local person, having sufficient immoveable properties within the jurisdiction of court concerned — Penal Code, 1860 — Ss. 363, 365 and 34 — Atrocities — Constitution of India, Art. 17