Lalbabu Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22776 of 2021 Arising Out of PS. Case No.-127 Year-2020 Thana- BELSAND District- Sitamarhi ====================================================== LALBABU DAS Son of Late Ruplal Das Resident of Village - Koluha Thikha, P.S.- Purnahiya, District - Sheohar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Devendra Kumar, Advocate For the Opposite Party/s :

Mr.Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-12-2021 Heard the learned counsel for the petitioner, Sri Ashok Kumar, the learned APP for the State and Sri Ritesh Kumar Narayan, learned counsel for the informant.

The petitioner seeks regular bail in connection with Belsand PS case no. 127 of 2020 instituted for the offences punishable under Sections 341, 448, 504, 506, 354, 292 of Indian Penal Code and 67A of I.T. Act and 37(C) of Bihar Prohibition and Excise Act, 2016.

The petitioner is alleged to have pressurized the informant and her daughter to solemnize the marriage of the daughter of the informant with him, although the daughter of the informant was a minor. It is also alleged that the petitioner had tried to kidnap the daughter of the informant but had failed on account of the covillagers having arrived at the place of occurrence. The learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.22776 of 2021(4) dt.06-12-2021 2/2 that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and is languishing in custody since 21.11.2020. The learned counsel for the petitioner has further submitted that in fact, there is no allegation of the petitioner having engaged in any kind of misdeed with the daughter of the informant.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record, this Court finds that no allegation has been levelled against the petitioner of him having engaged in any sort of misdeed with the minor girl and moreover, though both had got engaged before but on account of Covid-19 pandemic, marriage could not be solemnized. Thus, I deem it fit and proper to admit the petitioner to the privilege of bail. Accordingly, the abovenamed petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned court of 6th Additional District & Sessions Judge-cum-Special Judge, POCSO Act, Sitamarhi in connection with Belsand PS case no. 127 of 2020. (Mohit Kumar Shah, J) rinkee/- U T