Prince Kumar Thakur @ Prince Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Prince Kumar Thakur @ Prince Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail: petitioner to be enlarged on bail if arrested or surrenders within eight weeks, on bail bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the Chief Judicial Magistrate, Begusarai, subject to section 438(2) CrPC conditions.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner, who apprehends arrest in Teghra Police Station Case No. 221 of 2021 registered for the offence punishable under sections 366A/34 of the Indian Penal Code.

Court's answer

Considering the facts of the case, the court allowed the petitioner's prayer for bail.

Ratio / Principle

In the event of arrest or surrender within eight weeks, the petitioner is to be enlarged on bail on furnishing a bail bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the Chief Judicial Magistrate, Begusarai, in Teghra Police Station Case No. 221 of 2021, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

Detailed headnote1 paragraphs

Anticipatory bail — Patna High Court (Prabhat Kumar Singh, J), order dated 11-04-2025 in Criminal Miscellaneous No.8308 of 2025 arising out of Teghra P.S. Case No. 221 of 2021, District Begusarai: Prince Kumar Thakur @ Prince Kumar, apprehending arrest for an offence under sections 366A/34 of the Indian Penal Code, sought pre-arrest bail. His counsel pleaded innocence, false implication on suspicion, an unexplained four-day delay in lodging the F.I.R., and that the victim's 164 Cr.P.C. statement did not name the petitioner; the petitioner claimed clean antecedents. The State (through A.P.P.) opposed the prayer. Considering the facts, the court allowed the prayer for bail: on arrest/surrender within eight weeks the petitioner is to be enlarged on bail on a bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the Chief Judicial Magistrate, Begusarai, subject to the conditions under section 438(2) CrPC.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.8308 of 2025

Arising Out of PS. Case No.-221 Year-2021 Thana- TEGHRHA District- Begusarai

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Prince Kumar Thakur @ Prince Kumar S/O Mantun Thakur @ Krishna Kant Thakur R/O Village - Ramdiri Nakti Tola, ward no.-07, P.S- Matihani, District- Begusarai

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Bipin Kumar, Advocate For the Opposite Party/s : Mr.Upendra Kumar, A.P.P. ======================================================

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

3 11-04-2025

Heard learned counsel for the petitioner and the State.

The petitioner apprehends arrest in a case registered for the offence punishable under sections 366A/34 of the Indian

Penal Code.

As per the prosecution case, on 7.7.2021 informant’s 16 years old daughter had gone to Coaching institute but she did not return. Informant suspected hand of the petitioner and other accused persons in the alleged offence.

Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case on the basis of suspicion. F.I.R. has been lodged after delay of four days without any explanation which renders the entire prosecution case doubtful. Victim in her 164 Cr.P.C. statement has not taken name of this petitioner.

Patna High Court CR. MISC. No.8308 of 2025(3) dt.11-04-2025 2/2

Petitioner claims clean antecedent.

Learned counsel for the State opposes the prayer

for bail.

Considering the aforesaid facts of the case, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within eight weeks from today, let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Begusarai in Teghra Police Station Case No. 221 of 2021, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J)

Shashi

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