Raju Thakur @ Raju Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80496 of 2019 Arising Out of PS. Case No.-36 Year-2019 Thana- AZIMABAD District- Bhojpur ====================================================== 1.

RAJU THAKUR @ RAJU KUMAR Son of Rajesh Thakur Resident of Village - Tihari, P.S.- Udwantnagar, District- Bhojpur 2.

Kamlesh Thakur @ Kamlesh Kumar Son of Rama Shankar Thakur Resident of Village - Hathi Tola, P.S.- Maner, District- Patna 3.

Amlesh Thakur @ Amlesh Kumar Son of Rama Shankar Thakur Resident of Village - Hathi Tola, P.S.- Maner, District- Patna ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Sweta Devi Wife of Late Saroj Thakur Resident of Village - Hathi Tola, P.S.- Maner, District- Patna. At present Resident of Village - Chilahar, P.S.- Azimabad, District- Bhojpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Singh For the Opposite Party/s :

Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-01-2020 This application, for grant of anticipatory bail, arises out of Azimabad P.S. Case No. 36 of 2019, disclosing offences under Sections 341, 323, 354, 376, 511, 498(A)/34 of the Indian Penal Code and Section 3 /4 of the Dowry Prohibition Act.

Petitioners happen to be brothers in law of the informant and allegation against them is that they were trying to establish physical relationship with the informant. Submission of learned counsel for the petitioners is that they are brothers in law of the informant and have falsely

Patna High Court CR. MISC. No.80496 of 2019(2) dt.20-01-2020 2/2 been roped in the present case and no such occurrence as alleged by the informant, has ever taken place and even the allegation does not appear to be probable as all the brothers at the same time, cannot try to commit rape upon complainant. Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge -X, Bhojpur, in connection with Azimabad P.S. Case No. 36 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) sunilkumar/- U T