Patna High CourtCR. MISC./37199/2024bail granted

Babul @ Bablu v. The State Of Bihar

2024-08-31Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37199 of 2024 Arising Out of PS. Case No.-172 Year-2022 Thana- ABADPUR District- Katihar ====================================================== Babul @ Bablu Son of Mustafa R/O Vill.- Suhar, P.S.- Abadpur, Dist.- Katihar, Bihar.

... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr.Ashok Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 31-08-2024 Heard learned counsel for the petitioner and the State.

2. The petitioner seeks regular bail in a case registered for the offence punishable under sections 376, 323, 504, 506/34 of the Indian Penal Code.

3. As per the prosecution case, petitioner took obscene photograph of complainant when she was taking bath and he started blackmailing her for making physical relation. Later on, when the complainant was returning from her parental house to in-laws house, petitioner caught and took her to the nearest banana bush and raped her by putting Gamcha on the mouth and also took obscene photographs of the scene and circulated the same on Whatsapp group.

4. Learned counsel appearing for the petitioner submits that complainant is a married lady of 37 years age and due to village politics she has implicated the petitioner in the

Patna High Court CR. MISC. No.37199 of 2024(2) dt.31-08-2024 2/2 present false and concocted case. F.I.R. has been lodged after inordinate delay of four months without any explanation which renders the entire prosecution case doubtful. Petitioner claims clean antecedent. Charge sheet has already been filed. Petitioner is in custody since 30.12.2023.

5. Learned counsel for the State opposes the prayer for bail.

6. Considering the aforesaid facts of the case, prayer for regular bail of the petitioner is allowed. Let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge I cum Special Judge SC/ST, Katihar in Sessions Trial No. 153/2024, Abadpur Police Station Case No. 172/2022.

(Prabhat Kumar Singh, J) Shashi U T