Subhash Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.639 of 2021 Arising Out of PS. Case No.-204 Year-2018 Thana- PURAINI District- Madhepura ====================================================== SUBHASH THAKUR SON OF DHUNMUN THAKUR RESIDENT OF VILLAGE- GWALPARA, P.S.- GWALPARA, DISTRICT- MADHEPURA (BIHAR) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar For the Opposite Party/s :
Mr. Surendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 30-06-2021 Heard Mr. Sanjay Kumar, learned counsel for the petitioner and Mr. Surendra Prasad, learned counsel appearing for the State through video conferencing.
Petitioner seeks regular bail in connection with Parsauni P.S. Case No. 204 of 2018 registered for the offence under Section 363, 366, 307, 324 / 34 of the I.P.C. and Section 27 of the Arms Act.
The allegation as per the First Information Report is that petitioner along with other accused persons entered into the house of the informant and kidnapped the minor daughter of the informant and in course of kidnapping there is allegation of firing upon the informant and her family members. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case with oblique motive and there was love affair between the petitioner and the victim girl. Learned counsel next submits that the victim girl was recovered on the same day and her statement under Section
Patna High Court CR. MISC. No.639 of 2021(5) dt.30-06-2021 2/3 164 Cr.P.C. was recorded in which she has disclosed her age as 18 years. Learned counsel next submits that this is 2nd attempt for bail on behalf of the petitioner inasmuch as earlier the bail application of the petitioner was rejected by a Co-ordinate Bench of this Court and the petitioner has remained in custody since 24.06.2019 i.e. for more than 02 years. This Court vide its order dated 16.03.2021 had called for a report regarding the present stage of the trial and in pursuance thereof learned Sub Judge-II cum ACJM-II, UdaKishunganj, Madhepura has furnished the report and from perusal of the same it appears that the case has been committed before the court of learned Sessions Judge for trial on 26.03.2021.
The report further says that out of 05 chargesheeted witnesses, none of the witnesses has been examined. On the other hand, learned counsel for the State vehemently oppose the prayer for bail and submits that petitioner along with other accused persons committed the heinous offence of kidnapping of the minor daughter of the informant and also fired upon the informant and her family members and as such he does not deserve the privilege of bail.
Patna High Court CR. MISC. No.639 of 2021(5) dt.30-06-2021 3/3 fact that petitioner has remained in custody since 24.06.2019 and the trial is not likely to be concluded in near future due to pandemic, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Udakishunganj (Madhepura) in connection with Puraini P.S. Case No. 204 of 2018 on the following condition:- (i) that the petitioner shall remain present on each and every date during the course of trial and in case of default on two consecutive dates on the part of the petitioner, his bail bond shall liable to be cancelled.
It is made clear that at the time of furnishing bail bond all the parties shall follow the guidelines regarding social distancing.
(Anil Kumar Sinha, J) praful/- U T