Ravindra Kumar Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58631 of 2024 Arising Out of PS. Case No.-143 Year-2023 Thana- INDUSTRIAL AREA District- Vaishali ====================================================== Ravindra Kumar Thakur Son of Naval Thakur Village- Bhathadasi, P.S.- Rajapakar, District- Vaishali ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Poonam Kumari Wife of Rajesh Kumar Paswan R/O Mohalla- Behind Bhawani Chowk Mandir, Badi Yusufpur, P.S.- Industrial Area, Dist.- Vaishali, Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Hrishikesh Jha For the Opposite Party/s :
Mr. Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-12-2024
1. Heard learned counsel for the petitioner and learned A.P.P. for the State Mr. Chandra Bhushan Prasad and the learned counsel appearing on behalf of the informant.
2. The petitioner seeks bail in a case registered for the offence punishable under Sections 363 and 366 of the Indian Penal Code.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and has been falsely implicated in the instant case by the informant with an allegation that her daughter was studying in Class-11th at I.P.S. School situated at Paswan Chowk. Further, on 09.10.2023 as usual she left her home and at about 7 O'clock went missing
Patna High Court CR. MISC. No.58631 of 2024(3) dt.09-12-2024 2/3 while going to school. It is next alleged that petitioner had earlier threatened that he would kidnap her daughter and thus she suspected the role of the petitioner in kidnapping of her daughter.
4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case and is languishing in judicial custody since 28.04.2024, further by order dated 22.11.2024 the statement of the victim recorded under section 164 Cr.P.C. was called for. From perusal of the statement of the victim recorded under section 164 Cr.P.C., it manifests that the victim has not supported the case of the prosecution rather her statement gives an impression that she has supported the petitioner.
5. Learned A.P.P. along with learned counsel appearing on behalf of the informant opposes the prayer for bail of the petitioner but then are not in a position to rebut the submissions of the learned counsel appearing on behalf of the petitioner that the victim in her statement recorded under section 164 Cr.P.C. has not supported the case of the prosecution. At this stage, learned counsel appearing on behalf of the informant submits that if privilege of bail is granted to the petitioner, the petitioner may abscond, on which, the learned counsel
Patna High Court CR. MISC. No.58631 of 2024(3) dt.09-12-2024 3/3 appearing on behalf of the petitioner submits that the petitioner will not abscond rather will co-operate in the trial to prove his innocence.
6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Industrial Area P.S. Case No.143/2023.
(Satyavrat Verma, J) amit/- U T