Babloo Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60934 of 2018 Arising Out of PS. Case No.-37 Year-2018 Thana- MARANCHI District- Patna ====================================================== Babloo Kumar, Son of Mangal Gareri @ Mangal Bhagat, Resident of VillageMaranchi P.S.- Maranchi, District- Patna. ... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

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

Smt. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 11-12-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks pre-arrest bail in connection with Maranchi P. S. Case No.37 of 2018 registered under Sections 363 and 366A of the Indian Penal Code.

Referring to the statement of the alleged victim recorded under Section 164 of the Code of Criminal Procedure, as contained in Annexure-2 to the present application, learned counsel for the petitioner submitted that the story narrated by the informant is quite improbable, as one cannot believe that one person alone could have forcibly abducted a major girl aged about 18 years and take her to any other place on motorcycle. He contended that the victim has not stated that the petitioner committed anything wrong with her and the victim out of her

Patna High Court Cr.Misc. No.60934 of 2018(3) dt.11-12-2018 2/2 own came back to her home. He submitted that the victim was having affair with the petitioner and had gone together with the petitioner out of her own sweet will, but when the case was instituted, under influence of her parents she gave a tutored statement before the court.

Learned Additional Public Prosecutor for the State has opposed the prayer for grant of pre-arrest bail to the petitioner. However, he admitted that the victim had admitted in her statement under Section 164 CrPC that the petitioner did not do anything wrong with her.

Having regard to the facts and circumstances of the case, in the event of arrest or surrender before the court below within six weeks from today, the petitioner named above is directed to be released on bail on furnishing bail bond of Rs.10,000/- ( Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-IV, Barh District- Patna in Maranchi P. S. Case No.37 of 2018, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J.) kanchan/- U T