Babloo Mahto v. The State Of Bihar

Patna High Court Cr.Misc. No.49669 of 2014 (3) dt.13-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49669 of 2014 Arising Out of PS.Case No. -90 Year- 2014 Thana -BHAGWANPUR DistrictVAISHALI(HAJIPUR) ======================================================

1. Babloo Mahto son of Arjun Mahto Resident of village- Bafapur Sharma, Bind Tola, Police Station- Lalganj, District- Vaishali .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Devendra Kumar Singh For the Opposite Party/s Mr. Shahin Begum(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 13.04.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Para 38 of the case diary reveals that victim was apprehended at Hajipur civil court and thereafter her statement under section 164 of the Cr.P.C was recorded in which she stated that she was taken away by the petitioner and she was raped as well as pressurized for marriage by the petitioner but later on, she came to know that the petitioner is father of two children and thereafter, she refused to marry with him.

No doubt, victim was found minor by the Medical board but considering the aforesaid facts and circumstances as well as the period of detention of the petitioner in jail

Patna High Court Cr.Misc. No.49669 of 2014 (3) dt.13-04-2015 custody, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Vaishali at Hajipur in Bhagwanpur P.S. Case no. 90/2014.

shahid (Hemant Kumar Srivastava,J) U T