Bharat Thakur And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.43557 of 2017 (4) dt.09-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43557 of 2017 Arising Out of PS.Case No. -294 Year- 2016 Thana -CHHATAPUR District- SUPAUL ======================================================

1. Bharat Thakur, Son of Hiramain Thakur

2. Pappu Thakur @ Pappu Kumar Thakur, Son of Bharat Thakur,

3. Vikash Thakur @ Bikash Thakur, Son of Bharat Thakur,

4. Jay Shankar Thakur @ Jay Sankar Thakur, Son of Late Chandeshwari Thakur,

5. Jay Krishna Thakur, Son of Late Chandeshwari Thakur,

6. Manoj Mandal @ Manoj Kumar Mandal, Son of Kushum Lal Thakur, All resident of Village- Lalpur, P.S.- Chhatapur, District- Supaul. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Madhav Jha For the Opposite Party/s : Mr. Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-11-2017 Heard both sides.

Petitioners apprehend their arrest in Chhatapur P.S. Case No.294 of 2016 under Sections 363, 365 and other Sections of the Indian Penal Code.

The prayer for anticipatory bail of the petitioner No.1, Bharat Thakur, petitioner No.2, Pappu Thakur and petitioner No.6, Manoj Mandal @ Manoj Kumar Mandal have already been dismissed as withdrawn.

The petitioner No.3, Vikash Thakur @ Bikash Thakur, petitioner No.4, Jay Shankar Thakur @ Jay Sankar Thakur and petitioner No.5, Jay Krishna Thakur apprehend their arrest in Chhatapur P.S. Case No.294 of 2016.

Patna High Court Cr.Misc. No.43557 of 2017 (4) dt.09-11-2017 The informant alleged that on 25.09.2016, at 11.30 in the night while she was sleeping along with her minor son, Manish Kumar, all the accused persons came and inquired about her husband, Ramanand Thakur. All the accused persons including the petitioners abducted her son, Manish Kumar and took away different articles from her house.

The learned counsel for the petitioners submits that prior to lodging of present case, petitioner No.5, Jay Krishna Thakur lodged Chhatapur P.S. Case No.171 of 2016 under Sections 302, 201 and 34 of the I.P.C. for killing of his father, Chandeshwari Thakur against Ramanand Thakur, the husband of the informant and his brothers and others. That is why the informant lodged this case only to take revenge. The informant herself has concealed her son somewhere in Nepal but it appears that informant and other witnesses have stated that the petitioner kidnapped the son of the informant and the son of the informant is still traceless.

Considering the facts aforesaid, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, the same is rejected.

Saurabh/- (Prabhat Kumar Jha, J) U T