Baiju Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13628 of 2023 Arising Out of PS. Case No.-149 Year-2020 Thana- MADHWAPUR District- Madhubani ====================================================== Baiju Thakur Son of Ram Sagar Thakur R/O Village- Rampur Birit, P.S.- Madhwapur, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gagandeo Yadav, Advocate Mr. Ravi Prakash, Advocate Mr. Rajesh Kumar, Advocate For the Opposite Party/s :

Mr. Binod Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-06-2023 Heard learned counsels for the petitioner and the State.

Petitioner apprehend arrest in a case registered for the offences punishable under Sections 341, 323, 376, 302, 504/34 of Indian Penal Code and Section 4 of the Protection of Children from Sexual Offences Act.

It is alleged that this petitioner committed sexual assault upon minor victim due to which she got pregnant. Learned counsel for the petitioner submits that victim in her statement, recorded under Section 164 of Cr.P.C., has denied the allegation against the petitioner and has categorically stated that she has married with this petitioner and out of the wedlock one son was born but he died of Jaundice. Police after

Patna High Court CR. MISC. No.13628 of 2023(3) dt.28-06-2023 2/2 investigation submitted final form, differing with the same learned court below took cognizance. Petitioners have got clean antecedent.

Considering the statement of the victim recorded under Section 164 of Cr.P.C., this anticipatory bail is allowed and it is ordered that the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions JudgeVII-cum-Special Judge (POCSO Court), Madhubani in connection with Madwapur P. S. Case No. 149 of 2020, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Navya/- U T