IN THE HIGH COURT OF JUDICATURE AT PATNA
CR. APP (SJ) No.950 of 2010
SRI RAM SINGH
Versus
THE STATE OF BIHAR
-----------
03. 14.12. 2010 Heard the bail prayer of the appellant after receipt
of the L.C.R.
The appellant stands convicted under Section 366A
of the I.P.C.
The allegation and evidence is that the appellant and
one another came to informant’s house and took away his
sister Babli Kumari with him stating that his (informant’s)
mother was ill but in the way when some other accused also
joined, the victim was taken to other place and that the
appellant threatened the victim to kill her if she did not agree
to marry him and that she (victim) was also taken to Court at
Lakhisarai and her signature was obtained on some papers for
the purpose of marriage and that police recovered the victim
from the custody of the appellant.
Learned counsel for the appellant submitted that the
F.I.R. was lodged after seven days of the occurrence. It was
also submitted that the girl was a major, her age was
medically assessed 18-20 years and that at the relevant time
the appellant was also a boy of 25 years only. Learned
counsel further submitted that even the victim has stated in
her evidence that during the period she remained with the
appellant he tried to establish sexual relationship with her
2
but there is no evidence that he did establish such relation.
Learned counsel submits that a consented affair was there and
it was given shape of a case under allegations. Learned
Addl.P.P. submits that the victim had stated that she has been
forcibly taken away. Learned counsel submits that the victim
is said to have been sent with the appellant as per the
prosecution story itself. It is also submitted that the appellant
was on bail during trial.
In the facts and circumstances, during the pendency
of the appeal, appellant Sri Ram Singh is admitted to bail on
furnishing bail bond of Rs.10,000/- (Ten thousand) with two
sureties of the like amount each to the satisfaction of 4th Addl.
Sessions Judge-III, Begusarai in connection with Sessions
Trial No. 5 of 2006.
(C.M. Prasad, J.)
Mkr.