Babloo Kumar @ Babloo Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66059 of 2021 Arising Out of PS. Case No.-69 Year-2021 Thana- UJIYARPUR District- Samastipur ====================================================== BABLOO KUMAR @ BABLOO KUMAR SINGH Son of Ram Narayan Singh Resident of Village - Bazidpur, Ward No.- 12, P.S.- Ujiyarpur, District - Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Md. Hussamuddin Azad, Advocate For the Opposite Party/s :

Mr. AC to A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 15-10-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Ujiyarpur P.S. Case No. 69 of 2021 registered for the offence under Sections 363, 366(a) and 34 of the Indian Penal Code. The accused/petitioner is named in the F.I.R. and is in custody since 10.06.2021.

The allegation against the petitioner is to kidnap the minor daughter of the informant along with other co-accused persons, for the purpose of illicit intercourse. Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.66059 of 2021(4) dt.15-10-2022 2/3 submitted that petitioner has been falsely implicated in the present case, due to local disputes and differences. It is also submitted that the petitioner was not even named in her statement of victim, as recorded under Section 164 of the Cr.P.C., rather she specifically stated that to solemnize marriage with one Amardeep Kumar @ Chhotu, she went out of her own sweet will. It is further submitted that the factum of kidnapping is also denied thereof. While concluding the argument, it has been submitted that investigation of this case has been completed, long back, for which, charge-sheet has already been submitted, as such, there is no chance of tampering with the evidence.

Learned APP, opposes prayer of bail.

Considering the facts and circumstances as mentioned above, as allegation of sexual assault and kidnapping are not available against this petitioner, as per statement of victim, as recorded under Section 164 of the Cr.P.C. coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Ujiyarpur P.S. Case No. 69 of 2021, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-VI-

Patna High Court CR. MISC. No.66059 of 2021(4) dt.15-10-2022 3/3 cum-Special Court (POCSO), Samastipur/concerned court, subject to the condition as mentioned under Section 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) S.Katyayan/- U T