Chunnu Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23923 of 2015 Arising Out of PS.Case No. -118 Year- 2014 Thana -KARAKAT District- SASARAM (ROHTAS) ====================================================== Chunnu Thakur .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Surendra Kishore Thakur For the Opposite Party/s : Mr. M.K. Khare(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 09-07-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Section 366 of the Indian Penal Code.
The accusation is of kidnapping the married daughter of the informant on pretext that victim's husband was calling her. It is submitted by learned counsel for the petitioner that during medical examination, the age of the victim has been assessed as 19 years when no sign of sexual assault was found and subsequently the informant has retracted from his initial version and filed a petition to that effect before the learned court below, the same has been brought on record as Annexure-3 of the petition. A statement has been made in para 3 of the petition that the petitioner has no criminal antecedent.
Patna High Court Cr.Misc. No.23923 of 2015 (2) dt.09-07-2015 2/2 Considering the aforesaid facts, let the above named petitioner be released on provisional anticipatory bail for three months, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned J.M., 1st Class, Bikramganj, Rohtas in connection with Karakat P.S. Case No. 118 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.
The learned court below will record the statement of the victim and if she admits that she has not been kidnapped then the provisional bail of the petitioner will be confirmed by the learned court below and if she makes statement otherwise then the petitioner will surrender and pray for regular bail. (Dinesh Kumar Singh, J) Amrendra/- U T