Parbhu Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32612 of 2017 ======================================================

1. Parbhu Thakur Son Of Bindeshwar Thakur, Resident Of VillageKhargaulia, P.S.- Vaishali, District- Vaishali At Hajipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sheo Kumar Prasad-Advocate For the Opposite Party/s : Mr. Manoj Kumar-1-A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 17-08-2017 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.

Victim, who had some sort of annoyance with her mother since before and was not on talking term with her mother, was inclined to go to Haryana where her sister was residing and for that, she had alleged that her neighbour Renu Devi had provoked her to leave the place after having money from her house. In the aforesaid background, she took ornaments of her mother as well as cash appertaining to Rs.10,000/- and slipped from her house on 06.02.2017. House of Renu Devi and her father Parbhu Thakur (petitioner) lies where house of Bhikhari Das also happens to be. Bhikhari Das met with her and further, enquired regarding her destination. She had said that she is going to Hajipur Junction whereupon he volunteered to accompany her and during

course thereof, she was made captive. He had snatched away all the ornaments as well as cash and confined her in a room. Anyhow, she slipped there from and reached at Delhi where perceiving her abnormal activity, police apprehended.

Subsequently thereof, she had filed written report on 22.04.2017. The carbon copy of case diary happens to be illegible and on account thereof, the learned Additional Public Prosecutor has been requested on previous occasion to go through the same and assist the Court properly. Learned Additional Public Prosecutor has submitted that conduct of the prosecution became doubtful in the background of the fact that in spite of such a long absence of the informant, her parents did not care to register a case nor they have any kind of activity to locate the informant. Furthermore, the learned Additional Public Prosecutor also submitted that both the parties are next-door neighbour and there happens to be land dispute amongst them. Apart from this, also submitted that none of the villagers have supported the case of the prosecution.

Accordingly, petitioner, Parbhu 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 Chief Judicial Magistrate, Vaishali at

Hajipur in connection with Goraul P. S. Case No.82 of 2017. (Aditya Kumar Trivedi, J) Vikash/- U T