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Patna High CourtCR. MISC./70245/2019bail granted

Bindeshwari Thakur v. The State Of Bihar

2020-01-31Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70245 of 2019 Arising Out of PS. Case No.-22 Year-2019 Thana- KAJRAILICHAK District- Bhagalpur ====================================================== BINDESHWARI THAKUR S/o Late Garbhu Thakur R/o village- Belsira, P.S.- Kajraili, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Nandad Prasad For the Opposite Party/s :

Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 31-01-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Kajraili P.S. Case no. 22 of 2019, registered under Sections 363, 366(a)/34 of the Indian Penal Code and Section 8 of the POCSO Act.

The accusation is of kidnapping of minor daughter of the informant by Govind Thakur with the help of four others named in the F.I.R., including the petitioner, and concealing his daughter by Kunda Singh.

Learned counsel for the petitioner submits that, in fact, due to love affairs, the daughter of informant left house with Govind Thakur, but the petitioner being the uncle of Govind Thakur and some others have falsely been implicated

Patna High Court CR. MISC. No.70245 of 2019(3) dt.31-01-2020 2/2 in this case. The statement of the victim was recorded under Section 164 Cr.P.C. on 22.11.2019 in which she has stated about moving from her maternal uncle's house with Govind Thakur and performing marriage with him at Somnath temple. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-cum-Special Judge, POCSO Act, Bhagalpur in connection with Kajraili P.S. Case No. 22 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Rajendra Kumar Mishra, J) manish/- U T