Manoj Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5557 of 2024 Arising Out of PS. Case No.-364 Year-2022 Thana- SAHARSA COMPLAINT CASE District- Saharsa ====================================================== Manoj Thakur Son Of Ramyug Thakur Resident Of Village - Khurhan Milik Ka Tola, P.S. - Alam Nagar, District - Madhepura ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Shanti Devi Wife Of Sri Ajay Thakur Resident Of Village - Ajagaiba,Ward No.6, P.S. - Saur Bazar, District - Saharsa ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Alok Kumar Singh, Advocate For the Opposite Party/s :

Mr. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 17-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Complaint Case No. 364c of 2022, instituted for the offence punishable under Sections 363, 365, 368, 406, 504 and 506 of the Indian Penal Code.

3. As per the prosecution, in short, the complainant alleged that five years back accused Manoj Thakur (Petitioner) took her husband to Delhi for earning there. It is further alleged that after two months, the petitioner sent Rs. 9000/- to the complainant and, thereafter, did not send any money. On her repeated request, Manoj Thakur (Petitioner) arranged telephonic talk with her husband by Mobile No. 962510996. It is further alleged that her husband has not returned to his house for five

Patna High Court CR. MISC. No.5557 of 2024(2) dt.17-02-2024 2/2 years and is traceless till date.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has falsely been implicated in this case. It is submitted that the case has been lodged after five years without any plausible explanation. It is further submitted that the husband of the informant is the brother-in-law of the petitioner (Sala). Lastly, it has been submitted that the petitioner has no criminal antecedents.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Complaint Case No. 364c of 2022, he shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge - II, Saharsa, subject to condition as laid down under Section 438(2) of the Cr.P.C. (Khatim Reza, J) aditi/- U T