Lavkesh Thakur @ Lavkesh Singh Vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.50560 of 2025

Arising Out of PS. Case No.-67 Year-2025 Thana- MAIRWAN District- Siwan

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Lavkesh Thakur @ Lavkesh Singh S/o Gyan Chand R/o Vill- Madhuri Kund, P.O.- Aring, P.S.- Gowardhan, Distt- Mathura, 281501, Uttar Pradesh

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Ashwani Kumar, Advocate For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY

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ORAL ORDER

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2 12-08-2025 Heard Mr. Ashwani Kumar, learned counsel for the

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petitioner and Mr. Jitendra Kumar Singh, learned APP.

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The petitioner is in custody in connection with Mairwan P.S. Case No. 67 of 2025 for the offence punishable under Sections 84 and 143(2) of the Bhartiya Nyaya Sanhita lodged on 17.02.2025 by the informant, Rajesh Kushwaha.

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As per the prosecution story, the informant alleged that one Leelawati Devi took his wife and sold her away. Anyhow, he communicated with his wife on her mobile number and she gave her location at Mathura whereafter the FIR.

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Learned counsel for the petitioner submits that a major lady came out of the house, as per the FIR itself, she was having a mobile in her possession, still the husband took forty four days to lodge the FIR. The fact remains that she moved to

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Patna High Court CR. MISC. No.50560 of 2025(2) dt.12-08-2025 2/3

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Mathura being fed up with the attitude of the husband and was working there, those who gave her helping hand are now accused.

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Learned APP opposes the prayer for bail submitting that allegation is there against the petitioner of having abetted in the crime.

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Taking into account the submission of the parties as also that there is an inordinate delay in lodging of the FIR coupled with the fact that the lady was having a mobile number, still she did not contacted her husband, the petitioner has no criminal antecedent and is in custody since 13.04.2025, in that background, this Court is inclined to extend him the privilege of bail with conditions.

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Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Judicial Magistrate-V, Siwan/concerned Court in connection with Mairwan P.S. Case No. 67 of 2025 subject to the following conditions:

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(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;

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Patna High Court CR. MISC. No.50560 of 2025(2) dt.12-08-2025 3/3

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(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

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(iii) the petitioner shall appear before the concerned police station every fortnight for six months to mark his attendance;

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(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

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(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds.

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Nothing recorded in the order shall be taken up for consideration at the time of the trial as it has been considered only for the grant of bail to the petitioner.

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(Rajiv Roy, J)

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Adnan/-

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U T

Lavkesh Thakur @ Lavkesh Singh v. The State of Bihar

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Lavkesh Thakur @ Lavkesh Singh v. The State of Bihar

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