Brajesh Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69114 of 2023 Arising Out of PS. Case No.-242 Year-2023 Thana- LALIT NARAYAN UNIVERSITY District- Darbhanga ====================================================== Brajesh Thakur Son Of Santosh Kumar Thakur R/O Vill - Kaithwar, P.S. - Sakatpur, Distt. - Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Baidya Nath Prasad For the Opposite Party/s :

Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in connection with University P.S. Case No. 242 of 2023 instituted for the offence under Sections 363, 366(A) of the Indian Penal Code. As per FIR, the daughter of the informant and his daughter's friend were missing since then, when she along with her friend told in their house that they were going to attend a birthday party but they did not return that day then informant tried to find them but they did find. Thereafter, this case has been registered.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this present case

Patna High Court CR. MISC. No.69114 of 2023(4) dt.25-01-2024 2/3 due to previous enmity. It is further submitted that petitioner is not named in FIR rather his name came into light in this case after the recovery of both the victims and they told the name of this petitioner. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 11.08.2023.

Learned APP appearing for the state has opposed the prayer of regular bail and submitted that During investigation, victim were recovered and their statements were recorded under Section 164 of the Cr.P.C., in which they told that this petitioner used to harass and torture them on regular basis due to which they were compelled to commit suicide and thereafter on the date of occurrence, petitioner called them to come at a restaurant and when they denied then threatened them to kill their parents then both the victim girls proceeded for going to restaurant after keeping suicide note by both the victim at home and saying to their parents that they were going to attend a birthday party. Thereafter, petitioner brought them in his house and kept them there and tried to click their photographs. Suicide notes of both the victims have been annexed in this case diary at para-63 to 65 in which they stated that how this petitioner

Patna High Court CR. MISC. No.69114 of 2023(4) dt.25-01-2024 3/3 harassed them. Both the victims are minor as per their depositions.

Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

The trial court is directed to expedite the trial and conclude the same as soon as possible.

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