Lal Babu v. The State Of Bihar

Patna High Court Cr.Misc. No.28329 of 2018 (3) dt.24-05-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28329 of 2018 Arising Out of PS.Case No. -116 Year- 2017 Thana -ANDHRATHARI District- MADHUBANI ======================================================

1. Lal Babu S/o Motibul, R/o Vill.- 32 Madna Gidarganj, P.S.- Andhrathari, District- Madhubani.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shailendra Kumar Jha For the Opposite Party/s : Mr. Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 24-05-2018 Heard learned Counsel for the petitioner and the learned Counsel for the State.

Petitioner apprehends arrest in Andhrathari PS Case No. 116 of 2017, registered under Sections 363, 366A/34 of the IPC. It is submitted that the statement of the girl recorded under Section 164 Cr.P.C. specifically indicates that she had gone on account of her own freewill with the petitioner, the girl is major though the Court has assessed her age as 17 years and she does not make any allegation of sexual exploitation.

Having considered the said facts and circumstances, the petitioner Lal Babu is directed to be released on anticipatory bail in the event of his arrest or surrender within a period of four weeks from today on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of ACJM III Jhanjharpur in connection with Andhrathri PS Case No. 116 of 2017, subject to the conditions as laid down under Section 438(2) Cr.P.C. Snkumar/- (Arun Kumar, J) U T