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Patna High CourtCR. MISC./48485/2016allowed

Durgesh Thakur v. The State Of Bihar

2017-02-02Mr. Justice Aditya Kumar Trivedi2 pages

Patna High Court Cr.Misc. No.48485 of 2016 (05) dt.02-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48485 of 2016 Arising Out of PS.Case No. -123 Year- 2014 Thana -MAHILA PS District- DARBHANGA ======================================================

1. Durgesh Thakur, S/o Rajendra Thakur, Resident of Village-Nadiyami, Tola- Asraha, Police Station- Sakatpur, District- Darbhanga. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Prasad -Advocate For the Opposite Party/s : Mr. Sri Bisheshwar Ram-A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 02-02-2017 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.

Informant happens to be sister in-law (Bhabhi), on account of death of brother of petitioner, became widow. During course of her stay at her sasural, considering her tender age, father in-law, mother in-law and this petitioner suggested that she should marry with Mithilesh Thakur, the another brother whereupon she inclined, but instead of solemnization of marriage, Mithilesh Thakur sexually exploited her as a result of which she became pregnant. On repeated insistence, it has been alleged that all the family members brutally assaulted as a result of which, she aborted. Furthermore, it is evident from the certified copy of order dated 02.01.2017 that Mithilesh Thakur, the Hero of the present episode

Patna High Court Cr.Misc. No.48485 of 2016 (05) dt.02-02-2017 has already surrendered.

Considering the fact that there happens to be no specific allegation and is under custody since 20.09.2016, petitioner, Durgesh Thakur is directed to be released 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 Sub-divisional Judicial Magistrate, Darbhanga in connection with Darbhanga Sadar Mahila (Sakatpur) P. S. Case No.123 of 2014. (Aditya Kumar Trivedi, J) Vikash/- U T