Prabhakar Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 54885 of 2025 Arising Out of PS. Case No.-447 Year-2024 Thana- BAHERA District- Darbhanga ====================================================== Prabhakar Thakur S/O Gopal Thakur R/O Vill.- Majhaura, P.S.- Bahera, Dist.- Darbhanga ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Kajal Kumari D/O Shambhu Mishra R/O Vill.- Nawada, P.S.- Bahera, Dist.- Darbhanga ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Dhirendra Kumar Jha , Advocate For the State :

Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-08-2025 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 376, 406, 420 and 34 of the Indian Penal Code.

3. As per prosecution case, it is alleged that this petitioner, on the false promise of marriage of marriage, established physical relations with the informant and thereafter, refused to solemnized marriage. It is further alleged that this petitioner, along with other accused persons, also took some amount in advance from the informant and thereafter, refused to return the same.

Patna High Court CR. MISC. No. 54885 of 2025(2) dt.27-08-2025 2/3

4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has committed no offence. As a matter of fact, petitioner has already been married with the informant and on the aforesaid ground, the case has already been compromised between the parties and a joint compromise petition to this effect has also been filed in the learned trial court, copy of which is Annexure-P-2 and P-2/A to this bail petition. Petitioner claims clean antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.

6. Considering the facts and circumstances of the case, nature of accusation, fact that marriage of petitioner has already been solemnized with the informant and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.

7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner 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 learned A.C.J.M.-I, Benipur, Darbhanga in connection with Bahera P.S. Case No. 447 of

Patna High Court CR. MISC. No. 54885 of 2025(2) dt.27-08-2025 3/3 2024, subject to condition as laid down under Section 482(2) of the B.N.S.S..

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