Patna High Court - Orders
Bablu Kumar @ Bablu Thakur vs The State Of Bihar on 13 March, 2019
Author: Ashutosh Kumar
Bench: Ashutosh Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14785 of 2019
Arising Out of PS. Case No.-61 Year-2018 Thana- MAHILA P.S. District- Muzaffarpur
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Bablu Kumar @ Bablu Thakur (Male, aged about 40 years), Son of Ramdayal
Thakur, Resident of Village - Patahi, P.S.- Sadar, Distt - Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Neeraj Kumar @ Sanidh, Adv.
For the Opposite Party/s : Mr. Pramod Kumar Pandey, APP
For the Informant : Mr. Rabindra Nath Tiwary, Adv.
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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
ORAL ORDER
2 13-03-2019Heard the learned counsel for the petitioner, informant and the State.
The petitioner seeks bail in anticipation of his arrest in connection with Mahila (Muzaffarpur) P.S. Case No. 61 of 2018, dated 17.11.2018, instituted for the offences under Sections 406, 420 and 376/34 of the Indian Penal Code.
From the perusal of the First Information Report, few things appear clearly. The petitioner is distantly related to the prosecutrix and that the relationship between them continued for several years before the case was lodged. The other aspect which comes to fore is that there was some talk Patna High Court CR. MISC. No.14785 of 2019(2) dt.13-03-2019 2/3 of marriage between the parties and finally the marriage could not be performed. It has been alleged in the First Information Report that initially, the petitioner was inclined to marry but after he got into service, there was a demand of Rs. 10,00,000/- as dowry.
The learned counsel for the petitioner has submitted that this allegation presupposes that there was some talk of marriage between the parties. If this is accepted to be correct, then it is difficult to understand how and under what circumstances, parties were ready for an incestuous marriage. It is, therefore, urged that the entire allegation appears to be motivated or else the complaint would have been lodged immediately after the first encounter of the prosecutrix with the petitioner when he is said to have ravished her.
The learned counsel appearing for the informant, however, has submitted that the prosecutrix, at the relevant time, i.e., at the time of the first encounter, was a minor but because of immaturity, she has not stated such details in the First Information Report.
Patna High Court CR. MISC. No.14785 of 2019(2) dt.13-03-2019 3/3 In response to the aforesaid statement, the learned counsel for the petitioner has submitted that the aforesaid explanation does not appear to be correct in view of the lodging of the First Information Report after five years of the occurrence.
Apart from this, it appears from the order impugned that in the statement made by the victim under Section 164 of the Cr.P.C., she has given a different version of the occurrence with respect to rape and the promise of marriage.
Call for the legible carbon/photo copy of the case diary of Mahila (Muzaffarpur) P.S. Case No. 61 of 2018 from the Court of learned 7th Additional Chief Judicial Magistrate, Muzaffarpur and list this case on receipt of the same on 29.04.2019.
In the meantime, let no coercive steps be taken against the petitioner.
(Ashutosh Kumar, J) Praveen-II/-
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