Saneh Thakur @ Sanay Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7961 of 2023 Arising Out of PS. Case No.-266 Year-2020 Thana- KHARHAGPUR District- Munger ====================================================== SANEH THAKUR @ SANAY THAKUR, Son of Vakil Thakur, Resident of village - Sahroi, Goera, P.S.- Shambhuganj and District- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashutosh Kumar Verma, Advocate For the Opposite Party/s :

Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 03-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Sessions Case No. 417 / 2022 arising out of Haveli Kharagpur P.S. Case No. 266 / 2020 registered for the offence punishable under Sections 366, 363, 376, 342 / 34 of the Indian Penal Code. As per the prosecution case, the allegation against the petitioner is that the petitioner alongwith co-accused abducted the daughter of the informant and put vermilion on her head. It is further alleged that the petitioner had kept the victim girl in his house for three days and thereafter took the said victim girl to Bhagalpur from where she managed to escape. Learned counsel for the petitioner submits that petitioner and the victim are the close relatives and they were

Patna High Court CR. MISC. No.7961 of 2023(3) dt.03-05-2023 2/3 indulged in love affairs. The victim is aged about 26 years as per her Mark Sheet. He has further submitted that as alleged the victim went out from her house on 11.08.2020 and returned on 14.08.2020 but the false complaint case has been lodged after much delay on 25.08.2020 without any proper explanation. The victim refused her medical examination. There is no criminal antecedent against petitioner. The petitioner is languishing in jail custody since 04.06.2022. Charge sheet has already been filed.

Learned Additional Public Prosecutor appearing for the State has opposed the prayer for regular bail of the petitioner.

Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, let the petitioner above named, 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 concerned Court in connection with Sessions Case No. 417 / 2022 arising out of Haveli Kharagpur, P.S. Case No. 266 / 2020 subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court

Patna High Court CR. MISC. No.7961 of 2023(3) dt.03-05-2023 3/3 and shall remain physically present as directed by the Court.

2. He shall not tamper with the prosecution evidence in any manner whatsoever.

3. In case of absence on two consecutive dates without sufficient reason or if the petitioner misuses the liberty or violates any of the condition imposed upon him his bail bond will be liable to be cancelled by the Court concerned. (Sunil Dutta Mishra, J) saurabhkr/- U T