Vilash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16041 of 2022 Arising Out of PS. Case No.-145 Year-2021 Thana- MANPUR District- Nalanda ====================================================== VILASH YADAV S/O KARU YADAV R/o village- Dhanki, P.S.- Manpur, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kishor Prasad For the Opposite Party/s :

Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-08-2022 Heard learned counsel for the parties.

The petitioner apprehends his arrest in a case registered for the offence under Section 379/363 & other allied sections of the Indian Penal Code and Section 9 of the Prohibition of Child Marriage Act.

As per the F.I.R., this petitioner alongwith other coaccused persons forcibly took the informant to a temple on the point of pistol and forcibly performed his marriage with an unknown girl.

It is submitted on behalf of petitioner that Section 9 of the Prohibition of Child Marriage Act is not applicable in this case for the simple reason that the informant is major. There is delay in lodging the F.I.R. and there is no plausible explanation for the same. Similarly situated co-accused Nitish Kumar has been granted anticipatory bail by this Court, vide order dated

Patna High Court CR. MISC. No.16041 of 2022(2) dt.25-08-2022 2/2 28.07.2022 passed in Cr.Misc. No. 7341 of 2022. Petitioner has got clean antecedent.

Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts and circumstances, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. - 5, Biharsharif, Nalanda in connection with Manpur P.S. Case No. 145 of 2021, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) anay/- U T