Santanu Thakur And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.61724 of 2017 (3) dt.12-01-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61724 of 2017 Arising Out of PS.Case No. -61 Year- 2017 Thana -JANKINAGAR District- PURNIA ======================================================

1. Santanu Thakur son of Upendra Thakur

2. Sati Devi wife of Santanu Thakur

3. Punam Devi wife of Raben Thakur

4. Babita Devi wife of Basudeo Thakur

5. Arti Devi wife of Shambhu Sharma All are resident of village - Lalji Mandal Tola (Abhay Ram Chakla Jankinagar), P.S. - Janki Nagar, District - Purnea.

.... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Praveen Kumar Agrawal For the Opposite Party/s : Mr. Md. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 12-01-2018 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Jankinagar PS case no. 61 of 2017 registered for the offences punishable under Section 366A of Indian Penal Code.

The allegation is that the daughter of the informant had gone for nature's call but she did not return. Thereafter, search was made but nothing could be known with regard to the whereabouts of the victim girl. However, during the course of search, it transpired that the accused persons had abducted the daughter of the informant and married with one Shatrughan Sah. The learned counsel for the petitioners submits that

Patna High Court Cr.Misc. No.61724 of 2017 (3) dt.12-01-2018 if the statement of the victim girl under Section 164 of Code of Criminal Procedure is perused, it would transpire that the main accused and the only accused in the present case is one Shatrughan Sah with whom the petitioners do not have any relation or anything to do. It is further submitted that the petitioners have having clean antecedents.

Having regard to the facts and circumstances of the case as also the fact that Shatrughan Sah is the main accused and he is said to have committed rape, I deem it fit and appropriate to enlarge the petitioners on anticipatory bail. Accordingly, the abovenamed petitioners, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, are directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of Addl. Sessions Judge 1st-cum-Special Judge, Purnea in connection with Jankinagar PS case no. 61 of 2017 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure. (Mohit Kumar Shah, J.) rinkee/- U T