Manish Kumar Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58101 of 2024 Arising Out of PS. Case No.-232 Year-2023 Thana- DURAULI District- Siwan ====================================================== 1.

Manish Kumar Thakur S/o Late Rajesh Thakur R/o Village- Amarpur Barauli Tola, Police Station- Darauli, District- Siwan 2.

Neha Kumari D/o Late Rajesh Thakur R/o Village- Amarpur Barauli Tola, Post-Darauli, Police Station- Darauli, District- Siwan 3.

Mala Devi W/o Late Rajesh Thakur R/o Village- Amarpur Barauli Tola, Post-Darauli, Police Station- Darauli, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raghav Prasad, Advocate For the Opposite Party/s :

Mr. Satyendra Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-09-2024 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 363, 366/34 of the Indian Penal Code.

3. All the F.I.R. named accused persons, including these petitioners, are alleged to have kidnapped the daughter of informant.

4. Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case. Specific accusation of kidnapping the daughter of informant is against co-accused Dinesh Kumar Thakur. It is further submitted that from perusal of the F.I.R. it is evident that victim was in love

Patna High Court CR. MISC. No.58101 of 2024(2) dt.18-09-2024 2/2 with co-accused Dinesh Kumar Thakur and she left the house on her own sweet will. Petitioners have been made accused in this case merely because they happen to be family members of coaccused Dinesh Kumar Thakur. Moreover, F.I.R. has been lodged after inordinate delay of 26 days of the occurrence, which itself creates doubt over veracity of the prosecution case. Petitioners claim clean antecedent.

5. Learned A.P.P. for the State vehemently opposed the bail application.

6. Considering the aforesaid facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Judicial Magistrate, Siwan in connection with Darauli P. S. Case No. 232 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Navya/- U T