Patna High CourtCR. MISC./2525/2019bail granted

Akash Kumar Thakur @ Akash Thakur v. The State Of Bihar

2019-01-21Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2525 of 2019 Arising Out of PS. Case No.-81 Year-2018 Thana- HUSSAINGANJ District- Siwan ====================================================== Akash Kumar Thakur @ Akash Thakur son of Chhathu Thakur resident of village Machakna PS Hussainganj District Siwan ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Tiwary, Advocate For the Opposite Party/s :

Mr.Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 21-01-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks pre-arrest bail in connection with Hussainganj P.S. Case No. 81 of 2018 registered under Sections 363 and 366A read with 34 of the Indian Penal Code. Learned counsel for the petitioner submitted that the victim has already been recovered and her statement has been recorded under Section 164 of the Code of Criminal Procedure. Referring to the statement of the victim, he submitted that she has not whispered a word that she was forced or seduced to illicit intercourse with another person by the petitioner. He contended that the victim stated that since her mother had taken her to task, out of anger, she had left her house with the petitioner and had stayed at Lohardaga for about 10-15 days.

Patna High Court Cr.Misc. No.2525 of 2019(2) dt.21-01-2019 2/2 Having heard learned counsel for the parties and perused the statement made under Section 164 of the Code of Criminal Procedure, as contained in Annexure-2 to the present application, in the event of arrest or surrender before the court below, the petitioner named above is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan in Hussainganj P.S. Case No. 81 of 2018, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J) kanchan/- U T