Ram Nath Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3550 of 2017 Arising Out of PS.Case No. -314 Year- 2013 Thana -HAJIPUR SADAR DistrictVAISHALI(HAJIPUR) ====================================================== Ram Nath Thakur, son of Balindra Thakur, Resident of VillageBaikunthpur, Police Station- Raja Pakar, District- Vaishali. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Awadhesh Kumar Singh For the Opposite Party/s : Mr. Sri Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 20-03-2017 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in a case for the offences punishable under sections 366 A, 363 A and 372/34 of the I.P.C Allegedly, 14 years aged daughter of the informant was kidnapped by the petitioner either for prostitution or to commit rape.

Submission is of false implication and that the victim girl has gone out of her own sweet will and she has performed marriage with the petitioner, she is a major, inspite of request made by the victim girl her statement has not been recorded under section 164 of the Cr.P.C. resulting she appeared in the court

Patna High Court Cr.Misc. No.3550 of 2017 (3) dt.20-03-2017 2/2 below and filed a petition in this regard on 12.06.2013, copy of which is annexed as Annexure-3, further she has filed informatory petition, copy of which is Annexure-4, the victim girl is living in the house of the petitioner as his wife and as such the petitioner deserves sympathetic consideration, he is in custody since 24.10.2016 without any fault.

The learned A.P.P. submits that in the First Information Report age of the victim girl has been mentioned as 14 years.

In the facts and circumstances as stated above, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M. Vaishali at Hajipur in Hajipur Town P.S. Case No. 314 of 2013, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) Abhay/- U T