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Patna High CourtCR. MISC./46480/2014bail granted

Subelal Thakur v. The State Of Bihar

2015-02-04Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46480 of 2014 Arising Out of PS.Case No. -73 Year- 2014 Thana -CHANDRADEEP District- JAMUI ====================================================== Subelal Thakur Son of Sri Baleshwar Thakur Resident of Village - Aliganj, Police Station - Chandradeep in the district of Jamui. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

===================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 2.

04-02-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in Chandradeep P.S. Case No. 73 of 2014 dated 28.09.2014 instituted under Sections 376/312/313/120B/506 of the Indian Penal Code and 4/6/14/17 of the Protection of Children from Sexual Offences Act, 2012.

Learned counsel for the petitioner submits that he is a practicising Unani doctor and the only allegation is that the victim girl, who is alleged to have been repeatedly raped by Sarveshwar Pandit @ Gudan Pandit, upon becoming pregnant was taken to a private clinic where the foetus was aborted by the petitioner and after that she was taken home and even in the statement of the girl before the Court she has not taken the name of the petitioner and only said that she was admitted

Patna High Court Cr.Misc. No.46480 of 2014 (2) dt.04-02-2015 2/2 in a hospital and later on taken to her house by the son of the said Sarveshwar Pandit @ Gudan Pandit. Learned counsel submits that the petitioner having clean antecedent is in custody since 29.09.2014 without having committed any crime.

Learned A.P.P. opposes the prayer for bail.

Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Jamui in Chandradeep P.S. Case No. 73 of 2014. The petitioner shall cooperate in the trial and be present before the Court on each and every date. Failure to cooperate or appear on two consecutive dates, without sufficient cause, shall lead to cancellation of his bail bonds. (Ahsanuddin Amanullah, J.) P. Kumar U T