Abhishekh Kumar Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9209 of 2023 Arising Out of PS. Case No.-39 Year-2022 Thana- BUDHUCHAK District- Bhagalpur ====================================================== ABHISHEKH KUMAR THAKUR S/O VARUN THAKUR Resident of village- Ranidyara, P.S.- Budhuchak, District- Bhagalpur ... ... Petitioner/s
Versus
THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Tarun Prasad Mandal, Advocate For the State :
Mr.Ajay Kumar Jha, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 10-05-2023 Heard Mr. Tarun Prasad Mandal, learned counsel for the petitioner and Mr. Ajay Kumar Jha, learned Additional Public Prosecutor appearing for the State.
Petitioner seeks regular bail in connection with POCSO Case No. 128 of 2022 arising out of Budhuchak P.S. Case No. 39 of 2022 dated 12.7.2022 registered for the offences punishable under Sections 363, 366-A, 323 and 504/34 of the Indian Penal Code 1860 and Section 8 of the POCSO Act. As per the allegation made in the First Information Report, minor daughter of the informant was abducted by the petitioner for the purpose of marriage.
Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case inasmuch as there was love affair between the petitioner and the victim girl.
Patna High Court CR. MISC. No.9209 of 2023(3) dt.10-05-2023 2/2 The girl was recovered and her statement under Section 164 Cr. P.C. was recorded in which she has said that she voluntarily had gone with the petitioner and has performed marriage in the temple. This is a case of adolescent love and marriage. The petitioner is in custody since 17.7.2022.
Regards being had to the submission made by the parties, taking into consideration the nature of allegation, the statement made by the victim girl recorded under Section 164 Cr. P.C. and charge sheet has been submitted, I am inclined to grant regular bail to the petitioner.
Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge (POCSO) cum 7th Additional Sessions Judge, Bhagalpur, in connection with POCSO Case No. 128 of 2022 arising out of Budhuchak P.S. Case No. 39 of 2022.
(Anil Kumar Sinha, J) S.Ali/- U T