Dinesh Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35764 of 2020 Arising Out of PS. Case No.-137 Year-2020 Thana- HASPURA District- Aurangabad ====================================================== DINESH THAKUR SON OF LATE SHREE PRASAD ALIAS LATE SHIV PRASAD THAKUR RESIDENT OF VILLAGE - KOILWAN, P.S. - HASPURA, DIST - AURANGABAD, BIHAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravindra Kumar, Adv.

For the Opposite Party/s :

Mr.Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-01-2021 Heard the learned counsel for the petitioner and the learned APP for the State, Sri Ashok Kumar. The petitioner seeks regular bail in connection with Haspura P.S. Case No. 137 of 2020, registered for the offence punishable under Sections 354A of the Indian Penal Code and Section 8 of the Protection of Children from Sexual Offence Act (POCSO).

The allegation is regarding the petitioner having molested the two grand-daughters of the informant.

The learned counsel for the petitioner has submitted that the petitioner is innocent and he

Patna High Court CR. MISC. No.35764 of 2020(2) dt.19-01-2021 2/3 has been falsely implicated in the present case. The learned counsel for the petitioner has submitted that a bare perusal of the FIR would show that the girls were made to first identify the petitioner and then, FIR was lodged, hence, the entire case has been concocted by the prosecution. It is also stated that the petitioner is an old person, he is having a clean antecedent as also he is languishing in custody since 01.07.2020.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the period of incarceration of the petitioner herein and the fact that the petitioner is having a clean antecedent, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail

Patna High Court CR. MISC. No.35764 of 2020(2) dt.19-01-2021 3/3 bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Sixth Additional District and Session Judge cum Exclusive Special Judge (POSCO) Aurangabad, Bihar in connection with Haspura P.S. Case No.137 of 2020.

(Mohit Kumar Shah, J) Ajay/- U T