Babloo Ram v. The Sate Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47672 of 2019 Arising Out of PS. Case No.-179 Year-2018 Thana- MANIGACHI District- Darbhanga ====================================================== BABLOO RAM Son of Ram Roop Ram Resident of Village - Sarhad, P.S.- Pandaul, District- Madhubani ... ... Petitioner/s
Versus
THE SATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Gagan Deo Yadav For the Opposite Party/s :
Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 31-07-2019 Heard both sides.
The petitioner apprehends his arrest in Manigachi P.S. case No. 179 of 2018 registered under Section 363, 366,34 of the IPC.
The informant, grand father of the victim, disclosed that his married grand daughter with her children left his house for her in-laws house but she did not reach to her in-laws house. The informant suspected that petitioner might have kidnapped his grand daughter.
The learned counsel for the petitioner submits that victim is a major girl. She got two children. The victim made her statement u/s 164 of the Cr. P. C. on 17.09.2018. She disclosed that petitioner took her to different places and thereafter she was taken to Ludhiana on a train and petitioner
Patna High Court CR. MISC. No.47672 of 2019(2) dt.31-07-2019 2/2 kept her for many days. It is submitted that statement of victim shows that the victim was a consenting party and she moved around along with petitioner to different places but she never raised any alarm at any place.
Taking into consideration the facts aforesaid and the fact that victim is major and from her statement it appears that she was a consenting party and she went along with petitioner to different places, the petitioner, above named, in the event of his arrest/ surrender before the court below within a period of four weeks from the date of receipt/ production of a copy of this order is directed to be enlarged on bail on his furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-V, Darbhanga in connection with Manigachi P.S. case No. 179 of 2018, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J) BKS/- U T