Abhishek Kumar @ Mithu Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53131 of 2016 Arising Out of PS.Case No. -338 Year- 2016 Thana -SUPAUL District- SUPAUL ====================================================== Abhishek Kumar @ Mithu Thakur, Son of Nawal Kishore Thakur, Resident of Village- Beena, Police Station & District- Supaul. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Arun For the Opposite Party/s : Mr. Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-12-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted under Section 366A/34 of the Indian Penal Code and Section 4/6 of the POCSO Act and after completion of investigation, charge sheet has been submitted under Sections 366(A)/376 of the Indian Penal Code and Section 4/6 of the POCSO Act, 2012. The allegation against the petitioner is of committing abduction of the minor cousin sister of the informant and solemnized the marriage with her.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 09.07.2016. The charge sheet has been submitted in the present case. The petitioner has got no

Patna High Court Cr.Misc. No.53131 of 2016 (2) dt.08-12-2016 2/2 criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The victim has been examined under section 164 of the Cr.P.C., where she has denied the allegations made in the F.I.R. rather she has expressed to get married with the petitioner.

On behalf of 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, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge, Supaul, in connection with POCSO-30 of 2016 arising out of Supaul P.S. Case No. 338 of 2016. (Sudhir Singh, J.) Amit/- U T