Jitendra Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27743 of 2020 Arising Out of PS. Case No.-147 Year-2018 Thana- PARIHAR District- Sitamarhi ====================================================== JITENDRA THAKUR, S/o Late Rameshwar Thakur, Resident of Village - Bajidpur, P.S. - Bajpatti, District - Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nilesh Kumar, Advocate For the Opposite Party/s :

Mr. Narsingh Tanti, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 29-01-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 366(A)/34 of the Indian Penal Code.

The statement of the victim-girl recorded under Section 164 Cr.P.C. reveals that the petitioner was driver of the vehicle on which she was kidnapped by co-accused Balmiki Kumar. However, on perusal of her entire statement, it appears that there was some affairs between the victim and Balmiki Kumar. She did not make any protest at any point of time when she was being carried from one place to other places. Some other co-accused have already been allowed anticipatory bail by a Coordinate Bench of this Court vide order dated 08.07.2019 passed in Cr. Misc. No. 26216 of 2019.

Patna High Court CR. MISC. No.27743 of 2020(4) dt.29-01-2021 2/2 Considering the facts aforesaid, let the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Parihar Police Station Case No. 147 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as subject to the following conditions:- (a) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the learned Court below shall be at liberty to cancel the bail bond of the petitioner. (b) Both the bailors shall be resident of territorial jurisdiction of the learned Court below.

(c) The petitioner shall not leave the country without permission of the learned Trial Court.

(Birendra Kumar, J) Kundan/- U T