Gautam Thakur @ Guddu Thakur And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.20017 of 2017 Arising Out of PS.Case No. -17 Year- 2017 Thana -MEERGANJ District- PURNIA ======================================================
1. Gautam Thakur @ Guddu Thakur, Son of Upendra Thakur.
2. Sukesh Sharma, Son of Upendra Mistri, Both are R/o Village- Milki, P.S.- Mirganj, District- Purnea.
.... .... Petitioners
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. N.K.Agrawal, Sr.Advocate with Mr. Dr. Bidhu Ranjan, Advocate For the Opposite Party/s : Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-06-2017 Heard learned counsel for the petitioners.
This is an application for bail in connection with Meerganj P.S.Case No. 17 of 2017 registered for the offences punishable under Sections 366A/34 of the Indian Penal Code. Allegation as per FIR is that petitioners had forcibly taken the girl and boarded her on motorcycle. It has been submitted on behalf of the petitioners that prosecution story appears to be absurd as it is not possible for a person to get a major girl boarded on a motorcycle and she could not try to flee and, as a matter of fact, she had gone out of her sweet will and there is no complaint regarding misbehaving with her, rather it is case of kidnapping for marriage and learned court has assessed her age as 18 to 19 years and petitioner is in custody for about four months.
Heard learned APP also.
Patna High Court Cr.Misc. No.20017 of 2017 (3) dt.23-06-2017 2/2 Having heard both sides and considering the aforesaid facts and circumstances, let the petitioners, named above, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-1, Purnea, in connection with Meerganj P.S.Case No. 17 of 2017, subject to the conditions that :- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court.
(ii) The petitioners will not induce any witness or tamper with the evidence.
(iii) The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on their part to appear before the court below on two consecutive dates without showing any genuine reason, the prosecution is free to move for cancellation of their bail.
(Vinod Kumar Sinha, J) spal/- U