Vinod Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47666 of 2018 Arising Out of PS.Case No. -6 Year- 2018 Thana -GAYA RAIL P.S. District- GAYA ====================================================== Vinod Thakur, Son of Late Lal Babu Thakur, Resident of VillageSafalapur, Police Station- Rampur Chauram, District- Arawal. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Ravi Shankar Pankaj, Advocate. For the Opposite Party : Mrs. Renu Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-09-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 379 and 376 of the IPC. The prosecution story, in brief, is that on 10.01.2018 at 1.30 P.M. the informant with her mother was to go to the village of maternal brother of her mother. For that they took Bus for Jehanabad from Motha Bus Stand, Arwal. One passenger named as Vinod Thakur (petitioner), resident of village-Saflapur, DistrictArwal also boarded in same Bus, asked the informant of her name and destination and took adjoining seat of the informant. He was about 40 to 45 years of age. Thereafter, they boarded in GayaPatna Passenger Train for Gaya Junction from Jehanabad. The

Patna High Court Cr.Misc. No.47666 of 2018 (3) dt.17-09-2018 2/3 petitioner also boarded in the same train. The informant and her mother reached at Gaya Junction. The informant sat her mother on the Platform and went for call of nature by the side of Railway Line. When the informant was returning after call of nature, the petitioner caught hold of her and on the point of knife, committed rape upon her. He also snatched Rs. 1600/- from her. She told the entire fact to her mother. Hence, F.I.R. was registered. It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. In course of investigation, the police has found the case to be false and thereafter final form has been submitted. Final form is Annexure-5 to the present application.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. Railway, Gaya, in

Patna High Court Cr.Misc. No.47666 of 2018 (3) dt.17-09-2018 3/3 connection with Rail Gaya P.S. Case No. 06 of 2018, corresponding to G.R. No. 9/2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. U.K./- (Sudhir Singh, J) U T