Ram Bali Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16332 of 2020 Arising Out of PS. Case No.-395 Year-2019 Thana- KOILWAR District- Bhojpur ====================================================== RAM BALI THAKUR S/o Late Dukhan Thakur R/o Narayanpur, P.O.- Daulpur, P.S.- Koilwar, Distt- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akshay Lal Pandit For the Opposite Party/s :

Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-06-2020 Heard both sides.

The matter has been taken up through video conferencing.

The petitioner seeks bail in Koilwar P.S. case No. 395 of 2019 registered under Section 366A/34 of the Indian Penal Code and u/s 8 of the POCSO Act.

The informant alleged that his minor daughter, Anita Kumari, had gone to coaching and while she was returning Raja Kumar along with Rupesh Pandey and Vikash Kumar @ Sipahi kidnapped his daughter in wrong intention. It is further alleged that Putul Devi, Aditya Kumar, Rambali Thakur, petitioner and Manoj Thakur are also involved in the commission of crime. The learned counsel for the petitioner submits that petitioner is not at all involved in the case. The petitioner is an

Patna High Court CR. MISC. No.16332 of 2020(2) dt.02-06-2020 2/2 old man aged about 73 years. The petitioner is grand father of Raja Kumar, who is alleged to have kidnapped the daughter of the informant along with Rupesh Pandey and Vikash Kumar, that is why petitioner is named in the FIR.

The learned APP, however, opposed the prayer for bail. Perused the FIR. There is no allegation of kidnapping against the petitioner. The petitioner is alleged to have involved in the case but it appears that petitioner is named in the FIR only because he happens to be grand father of Raja Kumar, who is alleged to have kidnapped the daughter of informant. Considering the facts aforesaid and the nature of allegation made against the petitioner, the petitioner, above named is directed to be enlarged on bail on his furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-I, Bhojpur, Ara in connection with Koilwar P.S. case No. 395 of 2019.

(Prabhat Kumar Jha, J) BKS/- U T