Patna High CourtCR. MISC./62663/2021bail rejected

Mantu Thakur v. The State Of Bihar

2022-02-18Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62663 of 2021 Arising Out of PS. Case No.-553 Year-2021 Thana- GARKHA District- Saran ====================================================== Mantu Thakur S/O Chandra Shekhar Thakur R/O Village- Mahamada, P.S.- Garkha, District- Saran At Chapra ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Udai Shankar Singh, Advocate For the Opposite Party/s :

Mr.Ganesh Prasad Singh, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-02-2022 Heard learned counsel for the petitioner and the State. The petitioner seeks regular bail in registered for the offences punishable under sections 366A/34 of the Indian Penal Code.

As per the prosecution case, this petitioner kidnapped minor daughter of the informant for the purpose of marriage. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The victim in her 164 Cr.PC statement has stated that out of her free will she had gone to Bengal with the petitioner and this petitioner has not committed any illegal offence with her. Petitioner is student and he has got clean antecedent as stated in paragraph 3 of the bail petition. Petitioner is in custody since 13.8.2021.

Learned counsel for the State opposes the prayer for bail and submits that there is direct and specific allegation against the petitioner that he kidnapped minor daughter of the informant for the purpose of marriage. Further, victim in her section 164 Cr.P.C. statement has disclosed that she is aged about 15 years and thus consent of a minor is immaterial.

Patna High Court CR. MISC. No.62663 of 2021(2) dt.18-02-2022 2/2 Considering the nature of accusation against the petitioner and the gravity of offence, his prayer for bail is refused.

(Prabhat Kumar Singh, J) Shashi U T