Binay Kumar Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38390 of 2017 Arising Out of PS.Case No. -144 Year- 2017 Thana -LALIT NARAYAN UNIVERSITY DistrictDARBHANGA ======================================================

1. Binay Kumar Thakur, Son of Late Shobhit Thakur, Resident of Village/Mohalla- Bella Dulla, P.S. L.N.M.U, District- Darbhanga. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ajay Kumar Thakur, Sr. Advocate Mr. Nilesh Kumar, Advocate For the Opposite Party/s : Smt. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 19-08-2017 Heard learned counsel for the petitioner and State. The petitioner is accused in Vishvidhalay P.S. Case No. 144 of 2017 for the offences under Sections 366 and 366 (A) of the Indian Penal Code.

From perusal of the FIR it appears that the informant suspected the involvement of this petitioner in disappearance of his daughter with one Raju Giri, the tenant. Admittedly, the informant and the petitioner are own brothers. It appears from the statement made in paras-9 onwards that there is some dispute with regard to partition of the property in the family. There is no specific allegation against the petitioner who is languishing in jail since 27.6.2017 having no criminal

Patna High Court Cr.Misc. No.38390 of 2017 (2) dt.19-08-2017 2/2 antecedent. Suspicion regarding his involvement cannot be a ground to curtail the personal liberty of this petitioner as suspicion howsoever strong cannot take the character of proof. In the peculiar facts and circumstances, when there is no specific allegation or any specific role played in the alleged missing of the daughter of the informant by the petitioner, the Court is inclined to grant bail to the petitioner, above named, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Darbhanga at Laheriasarai or the successor Court in connection with Vishvidhalay P.S.Case No. 144 of 2017, subject to the condition that the petitioner will extend full cooperation in the conclusion of the trial and will not, in any manner, tamper with the evidence or influence the witnesses. (Anil Kumar Upadhyay, J) S.Pandey/- U T