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Patna High CourtCR. MISC./9786/2021bail granted

Ravindra Thakur v. The State Of Bihar

2021-06-03Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9786 of 2021 Arising Out of PS. Case No.-203 Year-2020 Thana- HASANPUR District- Samastipur ====================================================== RAVINDRA THAKUR SON OF LATE DEV KANT THAKUR R/O VILLAGE- SHASAN, P.S.- HASANPUR, DISTRICT- SAMASTIPUR. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amarjeet Choudhary For the Opposite Party/s :

Mr.Mithilesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-06-2021 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard learned counsel for the petitioner, learned counsel for the informant and the State.

The petitioner seeks bail in Hasanpur P.S. Case No. 203 of 2020, registered for the offence punishable under Section 366 and 34 of the Indian Penal Code.

As per the prosecution case, co-accused Vaibhav Kumar Gaurav with the help of his family member abducted the daughter of informant for illegal act or killed her. It is submitted on behalf of the petitioner that petitioner has falsely been implicated in this case, as he is father of co-accused Vaibhav Kumar Gaurav. In fact, there is love

Patna High Court CR. MISC. No.9786 of 2021(2) dt.03-06-2021 2/3 affair between the petitioner and the daughter of informant. The victim girl in her statement under Section 164 Cr.P.C has clearly stated that out of her own sweet will, she left her house and went along with the petitioner and also solemnized marriage in a temple. Moreover, the age of victim girl is 20 years. Petitioner is in custody since 07.10.2020 having clean antecedent, as stated in para 3 of the petition.

Learned counsel for the informant vehemently opposed the prayer for bail.

In view of the statement of victim girl recorded under Section 164 Cr.P.C., the petitioner above-named, is directed to be enlarged 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 Additional Chief Judicial Magistrate III, Rosera, Samastipur in connection with Hasanpur P.S. Case No. 203 of 2020, subject to following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

Patna High Court CR. MISC. No.9786 of 2021(2) dt.03-06-2021 3/3 (ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T