Amit Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37127 of 2018 Arising Out of PS.Case No. -9 Year- 2015 Thana -LALGANJ District- VAISHALI(HAJIPUR) ====================================================== Amit Thakur, S/o Prasad Thakur , R/o Vill.- Lakhansarai, Tej Singh, P.S.- Lalganj, District- Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajeev Ranjan No.Ii For the Opposite Party/s : Mr. Sri Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 29-06-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner, in the present case, is seeking regular bail in connection with Lalganj P.S. Case No.9 of 2015, registered for offences alleged under Sections 366(A)/364/34 of the Indian Penal Code and later on Section 376 of the Indian Penal Code as well as Section 4 of the POCSO Act were also added.

Learned counsel for the petitioner submits that even though initially the allegation was that this petitioner along with Satish

Patna High Court Cr.Misc. No.37127 of 2018 (2) dt.29-06-2018 Thakur had kidnapped the victim girl and case was registered under Sections 366A/366/34 of the Indian Penal Code, later on Section 376 I.P.C. was also added, the fact remains that the victim girl has herself appeared and filed an affidavit as pairvikar in the bail application filed by Satish Thakur vide Cr.Misc.No.45254/2015 in which she categorically stated that she was aged about 20 years and had married with the petitioner of the said case. Satish Thakur has therefore been granted regular bail by a coordinate Bench of this Court vide Annexure-6 to the present application. Learned counsel submits that this petitioner has no criminal antecedent and has falsely been implicated in the present case because he was connected with the said Satish Thakur. Learned APP for the State is present.

Considering the facts and circumstances under which Satish Thakur against whom there was an allegation of establishing of physical relationship with the victim girl has been granted regular bail by a learned coordinate Bench of this Court taking note of the fact that the victim girl had herself filed an affidavit and had married with said Satish Thakur, let the petitioner, above named, be enlarged on bail on his furnishing bail bond of Rs.15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-1st, Vaishali

Patna High Court Cr.Misc. No.37127 of 2018 (2) dt.29-06-2018 at Hajipur in connection with Lalganj P.S. Case No. 9 of 2015, subject to the conditions U/S 437(3) Cr.P.C.

Arvind/- (Rajeev Ranjan Prasad, J) U T