Rajiv Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38631 of 2020 Arising Out of PS. Case No.-171 Year-2020 Thana- DEEPNAGAR District- Nalanda ====================================================== Rajiv Thakur Son Of Late Awdhesh Thakur Resident Of Village - Bijvanpar, P.S. - Deepnagar, District - Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Premchandra Yadav,Adv For the Opposite Party/s :

Mr.Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 22-03-2021 Heard the parties.

Petitioner seeks bail in a case registered for the offences punishable under Sections 366/34 of the I.P.C. According to FIR, the petitioner allegedly induced the minor daughter of the informant to go with him with intention to marry with her. On recovery, the victim stated that she alongwith her brother was going on a vehicle on which three persons including the petitioner boarded and on the way, the petitioner and others got the victim taken to some lonely place. Petitioner allegedly ravished her.

Learned counsel for the petitioner submits that the police has not recorded statement of the boy, who was accompanying the victim. The victim has not stated that any force was used for taking her with the petitioner or others nor the

Patna High Court CR. MISC. No.38631 of 2020(3) dt.22-03-2021 2/2 prosecution has proved exact age of the victim to substantiate that she was incapable of giving consent. Petitioner is in custody since 27.06.2020.

Considering the submission aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Deepnagar Police Station Case No.171 of 2020 with following conditions: (a) Both the bailors shall be resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) Nitesh/- U T