Lalan Kumar Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31916 of 2019 Arising Out of PS. Case No.-23 Year-2019 Thana- BIKRAM District- Patna ====================================================== 1.
LALAN KUMAR THAKUR Son of Late Baidyanath Prasad Thakur Resident of Bhudhara, Dhunlokh, P.S.- Muffasil, District- Samastipur 2.
Smt. Noidi @ Naidu Wife of Lalan Kumar Thakur Resident of Bhuidhara, Dhurlokh, P.S.- Muffasil, District- Samastipur 3.
Sanjay Kumar @ Sanjay Thakur Son of Late Baidyanath Prasad Thakur Resident of Ward No. 9, Village - Pipra, Bondhpura, P.S.- Katra, DistrictMuzaffarpur ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Pramod Kumar Singh For the Opposite Party/s :
Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 14-05-2019 Heard learned counsel for the parties.
This application for anticipatory bail arises out of Bikram P.S. Case No. 23 of 2019 for the offence punishable under Sections 376 and 313/34 of the Indian Penal Code. The petitioner No.1 is the father, petitioner No.2 is the mother and the petitioner No.3 is the uncle of one Alok Kumar @ Vikas Kumar. Allegedly, the marriage between the said Alok Kumar @ Vikas Kumar and the informant's daughter had been finalized in the year 2017. It is also alleged that before the marriage could take place, the informant's daughter and the said Alok Kumar @ Vikas Kumar became intimate with each other. Allegedly, the informant's daughter conceived but the
Patna High Court CR. MISC. No.31916 of 2019(2) dt.14-05-2019 2/3 pregnancy was aborted in the year 2017. The marriage negotiation is said to have thereafter failed as these petitioners and co-accused Alok Kumar @ Vikas Kumar refused to marry the informant's daughter.
Learned counsel appearing on behalf of the petitioners has submitted that no offence under Section 376 of the Indian Penal Code is made out against these petitioners. He has also submitted that for the alleged occurrence, said to have taken place in the year 2017, the First Information Report has been lodged in January, 2019, for which there is no plausible explanation on record.
Keeping in view the nature of allegation and the alleged involvement of these petitioners, I am inclined to grant them privilege of anticipatory bail. This application is accordingly allowed.
Let the petitioners above named, in the event of their arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. VI, Danapur, in Bikram P.S. Case No. 23 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of
Patna High Court CR. MISC. No.31916 of 2019(2) dt.14-05-2019 3/3 Criminal Procedure.
This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) Pawan/- U T