Kanhaiya Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71442 of 2022 Arising Out of PS. Case No.-127 Year-2021 Thana- TURKAULIYA District- East Champaran ====================================================== KANHAIYA THAKUR SON OF RAVINDRA THAKUR @ RAVINDRA SHARMA R/O VILL.- BELWA RAI TOLA NARIYARWA, P.S.- TURKAULIYA, DISTT.- EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar No.III, Adv.

For the Opposite Party/s :

Mr.Rajesh Kumar, APP For the Informant :

Mr.Abhishek Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-03-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. Petitioner apprehends his arrest in a case registered for the offence punishable u/s 363, 366(A), 120(B), 506/34 of IPC & section 8 of the POCSO Act.

The allegation against the petitioner is that he along with other accused persons kidnapped the daughter of the informant. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. It is submitted that after investigation, police filed final form against the petitioner

Patna High Court CR. MISC. No.71442 of 2022(2) dt.14-03-2023 2/2 but the court below differing with the same has taken cognizance against the petitioner and others. Petitioner has no criminal antecedent.

Learned APP for the State as well as learned counsel for the informant opposed the prayer for bail.

Having regard to the facts and circumstances of the case and that cognizance has been taken against the petitioner, 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 six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Turkauliya P.S. Case No.127/2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T