Raju Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11092 of 2020 Arising Out of PS. Case No.-39 Year-2018 Thana- BADHAILA District- Rohtas ====================================================== Raju Sah, aged about 26 years, male, Son of Mahendra Sah, Resident of Village-Chanki, Police Station-Baghaila, District-Rohtas. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nagendra Prasad, Adv.

For the Opposite Party/s :

Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 28-02-2020 The petitioner, who is in custody since 26.11.2019, seeks bail in connection with POCSO Case No. 116 of 2019 arising out of Baghaila P.S. Case No. 39 of 2018, dated 10.06.2018, instituted for the offences under Sections 366A and 376 of the Indian Penal Code and Section 4 of the POCSO Act.

The petitioner is alleged to have kidnapped the minor daughter of the informant and also solemnized

Patna High Court CR. MISC. No.11092 of 2020(2) dt.28-02-2020 2/3 marriage with her.

Learned counsel for the petitioner submits that the daughter of the informant ran out of her house voluntarily and solemnized marriage with the petitioner. This version of the occurrence has been given by the so-called victim herself in her statement recorded under Section 164 of the Cr.P.C. In the aforesaid statement, the victim girl has disclosed her age to be twenty years.

This Court has also been informed that the daughter of the informant has given birth to a child and is living in her matrimonial home. Considering this aspect of the matter, there has been settlement of dispute between the parties and the informant does not wish to prosecute the petitioner any further.

Considering the aforestated facts, the petitioner above-named is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned District and Sessions Judge-I, Sasaram at Rohtas in connection with POCSO Case No. 116

Patna High Court CR. MISC. No.11092 of 2020(2) dt.28-02-2020 3/3 of 2019 arising out of Baghaila P.S. Case No. 39 of 2018. The application stands allowed.

(Ashutosh Kumar, J) Praveen-II/- U T