Manoj Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21994 of 2018 Arising Out of P.S.Case No. -155 Year- 2017 Thana -KATEYA District- GOPALGANJ ====================================================== Manoj Thakur Son of Late Chandrama Thakur, Resident of VillageBhaluhi, P.S.-Kateya, District-Gopalganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Subhash Kumar For the Opposite Party/s : Mr. Sri Dilip Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 26-04-2018 Heard.

The petitioner apprehends arrest in connection with Kateya P.S.Case No.155 of 2017 registered for an offence under Section 366(A)/34 of the IPC as well as Section 7/8 of POSCO Act.

As per FIR, this petitioner and two others who are named in the FIR abducted the informant's minor daughter for the purpose of marriage. It has been submitted that the victim was produced before Magistrate where in her statement under Section 164 of the Cr.P.C. has denied the allegation of kidnapping. She has disclosed her age as 19 years. She voluntarily stated that she performed marriage with co-accused Rahul Thakur. The said Rahul Thakur and one another co-accused Awadhesh Thakur have

Patna High Court Cr.Misc. No.21994 of 2018 (2) dt.26-04-2018 2/2 been allowed anticipatory bail by one of the coordinate Bench of this Court in Cr.Misc.No.63754 of 2017.

The learned APP opposed the submissions.

Considering the aforesaid facts and circumstances, prayer for anticipatory bail is allowed. Let the above named petitioner in the event of his arrest or surrender before the court below within six weeks from today be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional District Judge-Ist, Gopalganj in connection with Kateya P.S.Case No.155 of 2017 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Sanjay Kumar, J) B.Kr./- U T