Vikash Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43484 of 2022 Arising Out of PS. Case No.-29 Year-2022 Thana- RAJEPUR District- East Champaran ====================================================== Vikash Thakur Son of Manoj Thakur Resident of Village - Koeirgawan, (Deluahan), P.s.- Rajepur, Distt.- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Singh, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 24-11-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks regular bail in connection with Rajepur P.S. Case No. 29 of 2022 registered for the offences punishable under Sections 363, 366(A) and 34 of the Indian Penal Code.

As per the prosecution, the informant's minor daughter aged about 16 years was kidnapped by this petitioner and a co-accused person.

The main submissions advanced by learned counsel Mr. Ajay Kumar Singh appearing for the petitioner are that the

Patna High Court CR. MISC. No.43484 of 2022(2) dt.24-11-2022 2/3 so-called victim has been recovered and she has recorded her statement before the Judicial Magistrate in which she has stated that she and co-accused Arjun Kumar got married and they are leading conjugal life and the said victim did not make any allegation against the petitioner in her statement recorded before the Judicial Magistrate and in support of this fact the copy of the declaration of marriage solemnised between the victim and coaccuse Arjun Kumar has been filed as Annexure-2 and the petitioner has clean antecedent and languishing in jail since 27.01.2022 and he himself surrendered before the Court. Learned APP Mr. Yogendra Kumar appearing for the State has opposed the bail prayer.

Having considered the petitioner's submission that the so-called victim has not made any allegation against the petitioner before the Judicial Magistrate and she revealed and accepted her conjugal relationship with the co-accused Arjun Kumar and also considering petitioner's custody period and his clean antecedent, in the opinion of this Court, a lenient approach can be taken in respect of the petitioner's prayer, let the petitioner 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 concerned Court in Connection with

Patna High Court CR. MISC. No.43484 of 2022(2) dt.24-11-2022 3/3 Rajepur P.S. Case No. 29 of 2022 further on this condition that while accepting the bail bond the Court below will verify the above-mentioned submission as to the petitioner's innocency revealed by the victim before the Judicial Magistrate. If any fact contrary to the said submission is found, then the Court below shall take serious action against the petitioner by cancelling his bail bond.

(Shailendra Singh, J.) Prashant/- U T