Brahmdeo Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26309 of 2021 Arising Out of PS. Case No.-24 Year-2020 Thana- MAHILA THANA District- Begusarai ====================================================== BRAHMDEO THAKUR CHANDRESHWARI THAKUR @ CHANDESHWARI THAKUR Resident of Village- Terhi Ward No.-09, Kaurihar, P.S.- Gamharia, District- Madhepura. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shubhesh Pandey For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-01-2022 This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Mahila P.S. Case no. 24 of 2020 instituted for the offence under Sections 366A, 376 and 34 of the Indian Penal Code and Section 4 of the POCSO Act.

As per allegation in the FIR, son of the petitioner

Patna High Court CR. MISC. No.26309 of 2021(2) dt.28-01-2022 2/3 namely, Din Bandhu Kumar, had forcibly taken away the minor daughter of the informant, aged about 15 years with a view to marry her.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Petitioner is father of the main accused, namely, Dinbandhu Kumar, who has kidnapped and raped his daughter. There is no specific allegation of overt act against the petitioner. Her statement recorded under Section 164 Cr.P.C. wherein she has not taken the name of the petitioner. He has got no criminal antecedent.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Mahila P.S. Case no. 24 of 2020, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge POCSO Act, Begusarai

Patna High Court CR. MISC. No.26309 of 2021(2) dt.28-01-2022 3/3 subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U