Chabilal Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32304 of 2022 Arising Out of PS. Case No.-112 Year-2019 Thana- DARPA District- East Champaran ====================================================== CHABILAL THAKUR Son of Saroj Thakur Resident of Village - Pipara, P.S.- Darpa, Distt.- East Champaran.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 28-09-2022 Heard learned counsel for the parties.

The petitioner has renewed his prayer for bail in a case registered under section 376 and other sections of the Indian Penal Code.

As per the prosecution case, the petitioner is said to have established physical relations with the daughter of the informant on the pretext of marriage.

It is submitted by learned counsel for the petitioner that the earlier prayer for bail of the petitioner was rejected vide order dated 1.10.2020 (Annexure-1) and 1.9.2021 (Annexure-2). In the last order of rejection, the learned trial court was directed to expedite the trial. It is further submitted that the petitioner is in custody since 8.11.2019 and is cooperating in the trial. The so called victim ie the daughter of the informant has been married

Patna High Court CR. MISC. No.32304 of 2022(3) dt.28-09-2022 2/2 and is leading a happy conjugal life which would be evident from the statement of the mother who has been examined as P.W.3 and whose statement is annexed to the supplementary affidavit. The petitioner undertakes to cooperate in the trial. Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the materials on record and the petitioner having remained in custody for 2 years 10 months, the Court directs the petitioner to be enlarged on bail in connection with Sessions Trial no.102 of 2021 (arising out of Darpa P.S. Case no.112 of 2019) on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge, East Champaran, Motihari on the following conditions: (i) one of the bailors of the petitioner shall be either of his parents.

(ii) the petitioner shall cooperate in the trial. (Partha Sarthy, J) Saurabh/- U T