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Raj Babu Thakur @ Raja Babu Sharma @ Raj ... vs The State Of Bihar on 8 May, 2014

Author: Akhilesh Chandra

Bench: Akhilesh Chandra

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Criminal Miscellaneous No.12489 of 2014
                 ======================================================
                 1. Raj Babu Thakur @ Raja Babu Sharma @ Raj Thakur, Son of Mintu
                    Thakur
                 2. Suman Thakur, Son of Mahesh Thakur
                 3. Sumit Kumar Thakur @ Kundan Kumar @ Kundan Thakur, Son of
                    Pramod Thakur
                                                                     .... .... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                .... .... Opposite Party/s
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA
                 ORAL ORDER

2   08-05-2014

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in connection with Manigachhi P.S. Case No. 196 of 2013 registered for the offence punishable under Sections 341, 323, 448, 386, 376(G) and 504/34 of the Indian Penal Code, pending before Chief Judicial Magistrate, Darbhanga.

In view of petitioner nos. 1 and 3 being under 18 years of age, learned counsel for the petitioners seeks permission to withdraw this application with respect to them (petitioner nos. 1 and 3) with a liberty to surrender before the court below within a fortnight and seek their remedy under "The Juvenile Justice (Care and Protection of Children) Act, 2000".

Permission is granted.

Accordingly, this application with respect to abovenamed petitioner nos. 1 and 3 stands disposed of as withdrawn.

2/2

So far as petitioner no. 2 is concerned, he is one of the named accused in this case with allegation of committing gang rape upon the informant, who though a bit was medically examined and her hymen showed old healed multiple tears.

Submission is of false implication with ulterior motive in retaliation of earlier instituted case by the mother of the petitioner against informant and her family members. Further, in Janta Darbar of Superintendent of Police, she has stated about lodging case at the instance of her father and to substantiate, an article was also published in new papers.

Having regard to the facts and circumstances of the case and the statement of the victim as well as the medical report, the petitioner (no. 2) appears not entitled for the privilege sought. Accordingly, the prayer for anticipatory bail of the abovenamed petitioner no. 2 is hereby refused.

(Akhilesh Chandra, J) Praveen-II/-