Bablu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52926 of 2023 Arising Out of PS. Case No.-61 Year-2023 Thana- JOKIHAT District- Araria ====================================================== BABLU S/O MD. KAIYUM @ KAYYUM R/O VILLAGE- PADAMPUR, P.S- MAHALGAON, DISTT.- ARARIA.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Rana For the Opposite Party/s :

Mrs.Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-08-2023

1. Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P. for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Sessions Trial no. 361 of 2023 arising out of Jokihat (Mahalgaon) P.S. Case No. 61 of 2023 dated 14.2.2023 registered for the offences punishable u/s 363, 366A, 504, 506 read with section 34 of the Indian Penal Code.

4. As per the prosecution case, the petitioner and the co-accused persons are alleged to have kidnapped the minor

Patna High Court CR. MISC. No.52926 of 2023(2) dt.24-08-2023 2/3 daughter of the informant with the help of other co-accused persons for the purpose of marriage.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. Nothing incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel has further submitted that the victim has not raised any alarm during travelling to Banaras. He has further submitted that there is nothing on record to show that the victim was forced to have illicit intercourse with any person. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 18.2.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Araria in connection with Sessions Trial no. 361 of 2023 arising out of Jokihat (Mahalgaon) P.S. Case No. 61 of

Patna High Court CR. MISC. No.52926 of 2023(2) dt.24-08-2023 3/3 2023.

8. The application stands allowed.

(Chandra Prakash Singh, J) Ajay Singh/- U T