Govind Thakur @ Govind Mali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53559 of 2023 Arising Out of PS. Case No.-219 Year-2023 Thana- RAJPUR District- Buxar ====================================================== GOVIND THAKUR @ GOVIND MALI S/O NAKHRU THAKUR @ VIJAY SHANKAR THAKUR R/O VILLAGE- GOSAINPUR, P.S- RAJPUR, DISTT.- BUXAR.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Shahabuddin Azeem @ S. Azeem ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Rajpur P.S. Case No. 219 of 2023 dated 08.06.2023 registered for the offences punishable u/s 363 and 366A of the Indian Penal Code and Section 12 of the POCSO Act.

3. As per the prosecution case, an unknown miscreant is alleged to have kidnapped the daughter of the informant by enticing her on the pretext of marriage.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing incriminating material has been recovered from the conscious possession of the petitioner. As per the

Patna High Court CR. MISC. No.53559 of 2023(2) dt.25-08-2023 2/2 medical report of the victim, doctor has opined that there is no sign of recent sexual act. The victim was not forced to have illicit intercourse with another person. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 28.06.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Buxar in connection with Rajpur P.S. Case No. 219 of 2023 with the condition:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) Alok Verma/- U T