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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6549 of 2024 Arising Out of PS. Case No.-443 Year-2023 Thana- BARAUNI District- Begusarai ====================================================== 1.

SUDHIR THAKUR @ SUDHIR KUMAR THAKUR S/O- LATE RAM DULAR THAKUR R/O- VILLAGE- RAJWARA, P.S.- BARAUNI (GARHARA), DIST.- BEGUSARAI.

2.

JYOTI DEVI W/O- SUDHIR THAKUR @ SUDHIR KUMAR THAKUR R/O- VILLAGE- RAJWARA, P.S.- BARAUNI (GARHARA), DIST.- BEGUSARAI.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Suneil Kumar Thakur For the Opposite Party/s :

Mr. Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 20-02-2024

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Barauni (Garhara) Police Station Case No. 443 of 2023, disclosing offences under Sections 363, 366A and 34 of the Indian Penal Code.

3. As per the First Information Report, the petitioners supported the co-accused Mani Kumar in abducting/kidnapping the minor daughter of the informant.

4. Learned Counsel for the petitioners submit that the petitioners are neighbor of the informant and the marriage

Patna High Court CR. MISC. No.6549 of 2024(2) dt.20-02-2024 2/3 of the petitioners son was solemnized recently, around one year back. The co-accused Mani Kumar used to come to the house of the petitioners and love relationship developed between the petitioner and the informant's daughter. It was Mani Kumar who eloped with informant's daughter. The daughter of the informant was recovered by the police on 14.09.2023 from Surat and her statement was recorded under Sections 161 and 164 of the Cr.P.C.

5. Learned counsel for the informant vehemently opposes the prayer for anticipatory bail of the petitioners and submits that the victim girl, in her statement recorded under Sections 161 and 164 of Cr.P.C., has supported the prosecution story and has said that the petitioners told her to elope with the co-accused Mani Kumar.

6. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that the petitioners are distant relative of Mani Kumar, the girl has admittedly eloped with Mani Kumar and the petitioners are neighbor of the informant, I am inclined to grant the petitioner privilege of anticipatory bail.

7. This application is, accordingly, allowed.

Patna High Court CR. MISC. No.6549 of 2024(2) dt.20-02-2024 3/3

8. Let the petitioner, Sudhir Thakur @ Sudhir Kumar Thakur, Jyoti Devi, in the event of his arrest or surrender before the Court below within four weeks, 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 learned Chief Judicial Magistrate, Begusarai, in connection with Barauni (Garhara) Police Station Case No. 443 of 2023, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) HarshPandey/- U T