Patna High CourtCR. MISC./63701/2017bail granted

Mukesh Thakur@Mukesh Kumar Thakur v. The State Of Bihar

2018-02-21Mr. Justice Madhuresh Prasad2 pages

Patna High Court Cr.Misc. No.63701 of 2017 (3) dt.21-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63701 of 2017 Arising Out of PS.Case No. -72 Year- 2017 Thana -RAHIKA District- MADHUBANI ====================================================== MUKESH THAKUR@MUKESH KUMAR THAKUR S/o Shri Dev Narayan Thakur, R/o Village- Hasanpur, P.S.- Rahika, District- Madhubani. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Vijay Kumar, Advocate For the Opposite Party : Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 21-02-2018 Heard counsel for the petitioner and the State. Petitioner is an accused in a case registered for offence under sections 341, 376 and 504 IPC and under section 4 of the POCSO Act.

Counsel for the petitioner submits that the petitioner has no antecedent and due to subsisting land dispute between the parties, who are agnates, petitioner has been named in the case on the disclosure made by one Kunti Devi. However, Annexure 2 is the affidavit filed by said Kunti Devi wherein she has completely falsified the allegation and even the medical evidence has not corroborated the allegation. Petitioner is in custody since 6.6.2017.

Considering the aforesaid submissions, prayer for bail of the petitioner is allowed. Let the petitioner, mentioned above, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge I/In-charge successor court, Madhubani in Rahika Police Station Case No. 72 of 2017/GR No. 44 of 2017 on the following conditions:-

Patna High Court Cr.Misc. No.63701 of 2017 (3) dt.21-02-2018 (a) One of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner and (b) The Petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) Shashi.

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