Dharmendra Kumar Sharma v. The State Of Bihar

Patna High Court Cr.Misc. No.15866 of 2016 (2) dt.20-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15866 of 2016 Arising Out of PS.Case No. -2 Year- 2016 Thana -SHEKHPURA District- SEKHPURA ======================================================

1. Dharmendra Kumar Sharma Son of Dinesh Sharma Resident of VillageChakway Balwarpur, Police Station- Warsaliganj, District-Nawadah. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Subhash Chandra Bose For the Opposite Party/s Dr. Indiwar Kumari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 20.04.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner seeks bail in a case registered under sections 363, 366A of the Indian Penal Code as well as section 8 of the POCSO Act.

Statement of victim has been recorded under section 164 of the Cr.P.C in which she stated that she voluntarily went to Goa with the petitioner and after that she went to Calcutta and solemnized her marriage with the petitioner. She expressed her desire to live with the petitioner. The victim disclosed her age as 18 years, though learned Magistrate assessed age of the victim as 16 years. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of Addl. Sessions Judge I-cum-

Patna High Court Cr.Misc. No.15866 of 2016 (2) dt.20-04-2016 Special Judge, POCSO Act, Sheikhpura in Sheikhpura (Kushumbha O.P) P.S. Case no. 02/2016/ POCSO Case no. 02/2016. shahid (Hemant Kumar Srivastava,J) U T