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Patna High CourtCR. MISC./37265/2025allowed

Lalan Kumar Thakur v. The State Of Bihar

2025-08-13Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37265 of 2025 Arising Out of PS. Case No.-722 Year-2024 Thana- SAHARSA SADAR District- Saharsa ====================================================== Lalan Kumar Thakur Son of Late Prabhu Narayan Thakur R/O Vill- Chainpur Ward No.13, P.S.- Bangoan, District- Saharsa. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rajima Khatun Wife of Md. Rafique R/O Mohalla- Kahra Kuti, P.S.- Saharsa, District- Saharsa.

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

For the Petitioner/s :

Mr. Chandra Mohan Jha, Advocate For the Opposite Party/s :

Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 13-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Saharsa Sadar P.S. Case No.722 of 2024, registered for the offences punishable under Sections 137(2) and 96 of the Bharatiya Nyaya Sanhita.

3. As per the prosecution case, co-accused Bipin Ram @ Bipin Kumar Ram kidnapped the minor daughter of the informant/O.P. No. 2 and committed rape upon her.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case due to dirty village politics. Further submission is that the victim in her statement recorded under Section 183 of B.N.S.S. has not made any allegation against this petitioner. It is

Patna High Court CR. MISC. No.37265 of 2025(3) dt.13-08-2025 2/2 submitted that co-accused Bipin Ram @ Bipin Kumar Ram has already been granted regular bail by a Co-ordinate Bench of this Court vide order dated 06.08.2025 passed in Cr. Misc. No. 25840 of 2025 and the case of the petitioner is on better footing than the said co-accused. It is also submitted that the chargesheet has already been submitted in this case and there is no chance of absconding of the petitioner or tampering with the evidence. It is submitted that petitioner has one criminal antecedent, which is a Complaint Case. Petitioner is in custody since 29.01.2025 and he undertakes to cooperate in the trial.

5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, POCSO, Saharsa in connection with Saharsa Sadar P.S. Case No.722 of 2024.

(Sunil Dutta Mishra, J) utkarsh/- U T