Shekhar Kumar @ Rupam Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27702 of 2017 Arising Out of PS.Case No. -320 Year- 2016 Thana -AMARPUR District- BANKA ====================================================== Shekhar Kumar @ Rupam Kumar S/o- Anil Singh, resident of VillageBasudeopur Singhnan, P.S.- Amarpur, District- Banka. .... .... Petitioner
Versus
1. The State of Bihar,
2. Manisha Kumari, D/o Sri Anirudh Prasad Singh, Resident of village Basudeopur Singhnan, P.S. Anandpur, District-Banka. .... .... Opposite Parties ====================================================== Appearance :
For the Petitioner/s : Mr. Praveen Kumar For the Opposite Party/s : Mr. Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 12-09-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Amarpur P.S. Case no. 320 of 2016, registered under Sections 376, 120-B, 201 and 511 of the Indian Penal Code and Section 4 of the POCSO Act.
The accusation is of kidnapping of the informant/complainant by this petitioner and to perform marriage with her, while she was minor and to use her sexually. Learned counsel for the petitioner submits that, in fact, the petitioner has performed marriage with the complainant/O.P.No.2 and there is male issue out of their wedlock. Sri Rajeev Kumar Singh, learned counsel appearing on
Patna High Court Cr.Misc. No.27702 of 2017 (4) dt.12-09-2017 2/2 behalf of father of O.P. No.2 submits that he has no objection in allowing the pre-arrest bail of the petitioner, but the parents of O.P. No.2 should be given liberty to meet O.P. No.2 at her Sasural. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Addl. Sessions Judge-I, Banka in connection with Amarpur P.S. Case No.320 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Rajendra Kumar Mishra, J) manish/- U T