Babloo Kumar Rajak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4404 of 2023 Arising Out of PS. Case No.-327 Year-2021 Thana- AMARPUR District- Banka ====================================================== Babloo Kumar Rajak S/O Mahesh Rajak R/O Village- Kathdara, P.S.- Fullidumar, Distt- Banka.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Mr.Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Amarpur(Fullidumar) P.S. Case No. 327 of 2021 registered under section 366(A) of the Indian Penal Code.

Allegation against the petitioner is that he abducted the minor daughter of the informant. Further when the informant along with his family went to petitioner's house for complaining about the matter, then they started abusing and assaulting them.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.4404 of 2023(2) dt.05-04-2023 2/3 petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted that the victim was recovered and she solemnized marriage with the petitioner and this fact corroborates by the impugned order in which it is mentioned that the victim stated in her statement recorded under Section 164 of the Cr.P.C. that she went with the petitioner out of her own sweet will due to love affairs and she is mother of the child of this petitioner. It is also submitted that the age of the victim is assessed by the learned CJM, Banka as 18 years. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent and he is languishing in judicial custody since 19.11.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Amarpur (Fullidumar) P.S. Case No. 327 of 2021 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand)

Patna High Court CR. MISC. No.4404 of 2023(2) dt.05-04-2023 3/3 with two sureties of the like amount each to the satisfaction of the learned C.J.M., Banka.

(Sunil Kumar Panwar, J) shubham/- U T