Amit Kumar Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62653 of 2023 Arising Out of PS. Case No.-215 Year-2023 Thana- NATHNAGAR District- Bhagalpur ====================================================== AMIT KUMAR THAKUR S/o- MUNNA THAKUR Village- Rampur Khurd Ps- Madhusudanpur Dist- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Swapnil Kumar Singh For the Opposite Party/s :

Mr.Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-09-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 366A, 120B of the Indian Penal Code.

3. According to the prosecution, the petitioner along with co-accused Golu Mandol are alleged to have abducted the daughter of the informant, aged about 14-15 years at the pretext of solemnization of marriage.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. From perusal of impugned order, it appears that the victim girl was recovered and her statement has been recorded under section 164 of Cr.P.C.,

Patna High Court CR. MISC. No.62653 of 2023(2) dt.22-09-2023 2/2 wherein, she has not supported the prosecution version and stated that she went with the petitioner and solemnized marriage with him in a temple out of her own sweet will. The petitioner has got no criminal antecedent as stated in para-3 of the bail petition. It is further submitted that the petitioner is languishing in judicial custody since 28.3.2023.

5. Learned APP appearing for the state and learned counsel for the informant have vehemently opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Nathnagar P.S. Case No. 215 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. District & Sessions Judge VI-cum-Exclusive Special Court POCSO, Bhagalpur.

(Sunil Kumar Panwar, J) Amandeep/- U T