Patna High CourtCR. MISC./45592/2018bail granted

Jitendra Thakur @ Jitendra Kumar v. The State Of Bihar

2018-07-30Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45592 of 2018 Arising Out of PS. Case No.-90 Year-2017 Thana- SAHIYARA District- Sitamarhi ====================================================== Jitendra Thakur @ Jitendra Kumar Son of Late Vindeshwar Thakur, resident of Village- Jalsi, P.S.- Sahiyara, District- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Mahendra Thakur, Advocate For the State :

Mr. Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 30-07-2018 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner, already in custody, seeks bail in connection with Sahiyara P.S. Case No.90 of 2017, registered under Sections 363, 366(A) and 372/34 of the Indian Penal Code. Allegation in brief is that the petitioner enticed away minor daughter of the informant and they were seen going on a motorcycle.

Learned counsel for the petitioner submits that it is a case of elopement, as per the allegation itself, the villagers saw the girl going away with the petitioner on a motorcycle, however later on she herself appeared and made allegation of committing rape but that is not supported by the medical board as it was a case of elopement and boy and girl belong to

Patna High Court Cr.Misc. No.45592 of 2018(2) dt.30-07-2018 2/2 different caste, therefore, false accusation was imputed against the petitioner. The age of the girl was assessed by the medical board in between 15 to 17 years and investigation of the case has already been completed.

Having considered the aforesaid facts and circumstances, petitioner Jitendra Thakur @ Jitendra Kumar 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 learned A.D.J.-I-cum-Special Judge, POCSO Act, Sitamarhi in connection with Sahiyara P.S. Case No.90 of 2017.

(Arun Kumar, J) S.KUMAR/- U T