RAVI KARMALI @ RAVI VISHWAKARMA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the learned counsel for the applicant as well as learned counsel for the State. This bail application for grant of regular bail has been preferred by the above named applicant who is accused in connection with Sadar P.S. Case No.497 of 2010 corresponding to G.R. Case No. 2200 of 2010 for the offence registered under sections 363/366A/ 34 of the Indian Penal Code.

(2.) According to the F.I.R. lodged by the father of the girl, they discovered their daughter to be missing when they woke up in the morning at 04.00 a.m. But the girl, in her statement under Section 164 Cr.P.C., says that in the night she was alone in the house with her brother at about 04.30 a.m. in the morning on the day on which she was forcibly taken away by the accused. In fact she specifically says that her parents had gone to another house at that time. Thus, there is conflict between prosecution story as setout in the F.I.R. and the statement of the victim girl. The manner of recovery of the girl is also not consistent with the story of forcible abduction. More importantly, according to the statement of the girl, most of the time she was not conscious and yet she was taken by train. This story also does not inspire confidence because in a train, there are a number of people travelling in the same compartment and any boy carrying a 17 year old girl in unconscious state is likely to raise suspicion which would cause to other passengers to make complaint. Considering the overall facts and circumstances of the case but without expressing any final opinion on merits, it is directed that unless he is wanted in connection with any other offence, the applicant shall be released on bail pending trial on his furnishing bail bond of Rs.10,000/( ten thousand) with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Hazaribagh in connection with Sadar P.S. Case No.497 of 2010 corresponding to G.R. Case No. 2200 of 2010.