Pradeep Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38037 of 2015 Arising out of PS.Case No. -39 Year- 2015 Thana -HATHAURI District- SAMASTIPUR ====================================================== Pradeep Thakur, Son of Lallu Thakur, resident of Village - Rambhadrapur, P.S. -Hataori (Shivaji Nagar O.P.), District - Samastipur. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Suneil Kumar Thakur, Advocate. For the Opposite Party : Mr. Sadanand Paswan (Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-10-2015 Heard learned counsel for the petitioner and learned counsel for the State The petitioner is languishing in custody since 16.06.2015 in connection with Hathauri(Shivaji Nagar O.P.) P.S. Case No. 39 of 2015 for the offences instituted under Sections 376(2)f of the IPC, 6 of the POSCO Act and 3(1)(x) of the SC/ST (Prevention of Atrocities) Act.

The prosecution story, in brief, is that while the informant was going to visit the Bhagwat Katha alongwith her cousin sister she was ravished forcibly by the petitioner by dragging her into his house and making her cousin sister drive away by chiding her.

It has been submitted on behalf of the petitioner that the

Patna High Court Cr.Misc. No.38037 of 2015 (3) dt.07-10-2015 2/2 petitioner has got no criminal antecedent. The petitioner is in custody since 16.06.2015 and the charge sheet has been submitted in the case. As per prosecution case, there is an allegation of commission of rape against the petitioner but from perusal of the report of the Medical Board it would appear that there is no sign of rape found upon the victim. It is further submitted that the petitioner may be released after completion of six months in custody from 16.06.2015.

On behalf of the State it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner above named may be released on bail after completion of six months in custody from 16.06.2015 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge, Samastipur, in connection with Hathauri (Shivaji Nagar O.P.) P.S. Case No. 39 of 2015. U.K./- (Sudhir Singh, J) U T