Babu Lal Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1914 of 2022 Arising Out of PS. Case No.-115 Year-2021 Thana- MUSAHARI District- Muzaffarpur ====================================================== BABU LAL RAI Son of Late Shivjee Rai Resident of Village- Narauli Sen, P.S.- Mushahari, District- Muzaffarpur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bhavesh Kumar For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-06-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Mushahari P.S. Case no. 115 of 2021 instituted for the offence under Sections 341, 323, 504, 366(A) and 506/34 of the Indian Penal Code.

As per allegation in the FIR, daughter of the informant had gone to Narauli Chowk for purchasing some house hold articles and she did not return. Even after a hectic search she could not trace out. Some villagers have informed him that several accused persons including the petitioner have abducted her daughter forcefully by a Bolero. Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.1914 of 2022(2) dt.13-06-2022 2/3 has submitted that petitioner is innocent and has committed no offence. Specific allegation is against co-accused Rakesh Rai with whom daughter of the informant was having love affair. Statement of the victim girl has got recorded in which she has clearly stated that out of her own sweet will, she has eloped from her house and performed marriage with Rakesh Rai and she is pregnant now and wants to continue her marital life with her husband. Petitioner is father of co-accused Rakesh Rai and she has not raised any finger against him for any offence. Age of the daughter of the informant has been accessed as 19 years by the lower court.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Mushahari P.S. Case no. 115 of 2021, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM X, Muzaffarpur subject to

Patna High Court CR. MISC. No.1914 of 2022(2) dt.13-06-2022 3/3 the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U