Lal Babu Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34227 of 2021 Arising Out of PS. Case No.-89 Year-2019 Thana- BELA District- Sitamarhi ====================================================== LAL BABU SAH Son of Jhigur Sah @ Maida Sah Resident of VillageMujauliya, P.S.- Bela, District- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hans Lal Kumar, Adv.

For the Opposite Party/s :

Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 23-02-2022 Heard Mr. Hans Lal Kumar, learned counsel for the petitioner and Mr. Nawal Kishore Prasad, Additional Public Prosecutor for the State.

Petitioner seeks regular bail in connection with Bela PS Case No. 89/2019 registered for the offence punishable under Sections 365, 366, 366(A) of the IPC.

As per First Information Report, the petitioner, allegedly, abducted the minor daughter of the informant. Learned counsel for the petitioner submits that the victim is having love affair with the petitioner and he has not committed any offence in the manner alleged. He further submits that the victim had left her home out of her own free will and both the parties have solemnized marriage in a temple. According to the petitioner, the victim is a major girl which

Patna High Court CR. MISC. No.34227 of 2021(3) dt.23-02-2022 2/2 would be evident from Adhar Card (Annexure-3) showing her age as 19 years on the date of occurrence. The victim girl in her statement recorded under Section 164 CrPC has stated that she had gone with the petitioner out of her own free will and she has solemnized marriage in a temple and both the petitioner and the victim are living as husband and wife. Petitioner is in custody since 05.03.2021.

Regards being had to the submissions made by the parties and taking into consideration the statement of the victim girl recorded under Section 164 CrPC wherein she has disclosed her age as 21 years, petitioner is in custody since 05.03.2021, charge-sheet has been submitted in the matter, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, LAL BABU SAH be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate 5th Muzaffarpur/the court concerned in connection with Bela PS Case No. 89/2019.

(Anil Kumar Sinha, J) perwez U T