Bablu Sah @ Babloo Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47659 of 2019 Arising Out of PS. Case No.-416 Year-2018 Thana- LAURIA District- West Champaran ====================================================== BABLU SAH @ BABLOO SAH, aged about 28 years, Male, Son of Mahedra Sah, Resident of Village - Maulanagar, P.S.- Lauriya, Distt - West Champaran ... Petitioner

Versus

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

For the Petitioner :

Mr. Bimlesh Kumar Pandey, Adv.

For the Opposite Party :

Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 04-12-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks bail in connection with Lauriya P.S. Case No. 416 of 2018, registered under Section 366A/34 of the Indian Penal Code.

The accusation is that in the evening of 17.12.2018, daughter of the informant, aged about 15 years, moved from house to attend the call of nature, but, she did not return. In course of search, informant, Chhedi Gaud, came to know from Brij Sah that he had seen, in course of returning from market that Sugandhi Devi, Dilip Sah and petitioner (Bablu Sah), were carrying his daughter boarding on a four wheeler. When wife of the informant reached at the house of Mahendra Sah for query, then, she was abused saying that due to her incidence they had gone in the jail. Villager, Dwarika Sah, also heard the talk of Mahindra Sah on mobile about selling his daughter on taking payment of rupees seven lakhs.

Patna High Court CR. MISC. No.47659 of 2019(4) dt.04-12-2019 2/2 Learned counsel appearing on behalf of the petitioner submits that before the alleged occurrence daughter of the informant have left the house twice and Mahindra Sah, father of the petitioner, has helped in tracing out the daughter of the informant and handing over to the informant and his family members, which has come in the statement of the witnesses in paragraphs 21, 22 and 23. Again, daughter of the informant left the house, but, with ulterior motive the petitioner and his family members have been implicated in this case. The petitioner is in custody since 27.03.2019 and charge sheet has already been submitted after investigation against the petitioner, as such, there is no chance of tampering with the evidence.

Having regard to the facts and circumstances of the case, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Lauriya P.S. Case No. 416 of 2018 to the satisfaction of the Additional Chief Judicial Magistrate, I, West Champaran at Bettiah.