Ajay Kumar Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18501 of 2024 Arising Out of PS. Case No.-4 Year-2020 Thana- LAURIA District- West Champaran ====================================================== Ajay Kumar Thakur S/O- Late Kamlesh Thakur R/O- Village- Balua, Paregwa, P.S.- Yogapatti, Dist.- West Champaran. ... ... Petitioner
Versus
The State Of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :
Mr.Kanhiya Kishor, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-06-2024 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.
2. The petitioner seeks bail in Lauriya P.S. case No. 04 of 2020 instituted for the offences under Sections 363, 366A of the Indian Penal Code and Section 8 of POCSO Act.
3. Prosecution allegation, in short, is that the daughter of the informant had left the house at 6.30 hours and later on he came to know that she was kidnapped by accused person. The informant suspects that his daughter has been kidnapped for the purpose of marriage.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.18501 of 2024(4) dt.24-06-2024 2/3 the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. On recovery, the statement of the victim has been recorded under Section 164 Cr.P.C., in which her age is disclosed as 20 years, she has not supported the allegation made in the F.I.R. The victim has stated that she voluntarily left the house and married with the petitioner. She further stated that she has two children from the said marriage and was living a happy married life. The petitioner is in custody since 13.12.2023 and has no criminal antecedent.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, 164 Cr.P.C. statement of the victim and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Lauriya
Patna High Court CR. MISC. No.18501 of 2024(4) dt.24-06-2024 3/3 P.S. case No. 04 of 2020.
(Rudra Prakash Mishra, J) Pankaj/- U T