Rakesh Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61772 of 2022 Arising Out of PS. Case No.-114 Year-2022 Thana- SIWAN MUFFASIL District- Siwan ====================================================== RAKESH THAKUR S/O - Harilal Thakur R/O Village- Dharni Hata, P.SMirganj, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vyas Kumar Mishra For the Opposite Party/s :

Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 363, 366(A) of the Indian Penal Code.

Prosecution case relates to abduction of the victim daughter of the informant, who is allegedly, aged about 12 years, for the purpose of marriage.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this present case on the basis of suspicion. It is further submitted that the victim has been recovered and did not whisper any complicity of the petitioner in her statement recorded under section 164 of Cr.P.C. which is

Patna High Court CR. MISC. No.61772 of 2022(2) dt.09-02-2023 2/2 annexed as Annexure-2 with this petition. As per the medical report, doctor opined the age of victim is about 18-20 years. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 28.02.22.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Muffasil P.S. Case No. 114 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan.

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