Bablu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45759 of 2019 Arising Out of PS. Case No.-538 Year-2018 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Bablu Kumar Son of Pramod Sah Resident of village- Manikpur, P.S.- Minapur, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramakant Sharma, Sr. Advocate Mr. Arvind Kumar, Advocate For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 26-07-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offences punishable under Sections 363/366A of the Indian Penal Code.

The FIR relates to kidnapping of minor daughter of the informant aged about 16 years for the purpose of marriage. The doctor has assessed age of the victim in between 18-19 years. In her statement under Section 164 Cr.P.C. the victim stated that the petitioner and his family members forcefully kidnapped and took her to Delhi and kept her at Faridabad in a room. The petitioner was in physical relation with her. Submission is that photographs of the two would

Patna High Court CR. MISC. No.45759 of 2019(2) dt.26-07-2019 2/2 reveal that both had love affairs and both voluntarily married with each other. Under pressure of the parents, she had given statement under Section 164 Cr.P.C. Petitioner is in custody since 20.09.2018. Investigation of the case is already complete. Considering the entire facts aforesaid, let the petitioner, above named, 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 the learned Court-below where the case is pending in connection with S.T. No.33 of 2019, arising out of Ahiyapur P.S. Case No.538 of 2018, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below having immovable property in his name.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Mkr./- U T