Mithilesh Thakur @ Mithlesh Kumar Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57071 of 2021 Arising Out of PS. Case No.-39 Year-2021 Thana- MAHILA P.S. District- Madhubani ====================================================== MITHILESH THAKUR @ MITHLESH KUMAR THAKUR SON OF JEEVACHH THAKUR R/O VILLAGE- BHAURGHAT, BHAUR, P.S.- PANDAUL, DIST.- MADHUBANI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-09-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 376, 323, 341, 504, 506 and 34 of the Indian Penal Code and under Section 4 and 6 of the POCSO Act.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and has been falsely implicated in the present case based on a land dispute as would be evident from Annexure-2 to the anticipatory bail application, it is next submitted that the informant alleges that on 15.05.2021 at 12 noon, when she had taken her goats for grazing when the petitioner all of a sudden came and caught her from behind and

Patna High Court CR. MISC. No.57071 of 2021(3) dt.21-09-2022 2/3 dashed her on the ground and thereafter established physical relation, it is next alleged that thereafter the petitioner threatened the informant not to disclose the occurrence to anyone, it is further alleged that the informant thereafter returned home after the goats had grazed in the field and then she disclosed the occurrence to her family members. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, it is next submitted that there is a delay of seven days in instituting the FIR, as the date of occurrence is 15.5.2021 and the FIR had been instituted on 22.05.

Patna High Court CR. MISC. No.57071 of 2021(3) dt.21-09-2022 3/3 violence was committed with the informant.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Mahila P.S. Case No. 39 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Shivam/- U T