Patna High CourtCR. MISC./20845/2024bail granted

Pritam Kumar v. The State Of Bihar

2024-07-01Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20845 of 2024 Arising Out of PS. Case No.-798 Year-2023 Thana- BANKA District- Banka ====================================================== Pritam Kumar son of Vishnu Dev Mandal @ Vishnu Dev Sah VillageMeharpur Ps- Banka Dist- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhirendra Kumar For the Opposite Party/s :

Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 01-07-2024 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State.

2. The petitioner is seeking regular bail in connection with Banka P.S. Case No. 798 of 2023 for the offences punishable under Sections 366(A)/34 of the Indian Penal Code, in which charge sheet has been submitted under Section 366(A), 376 of the IPC and Section 4 of the POCSO Act and Section 9 and 10 of Prohibition of Child Marriage Act.

3. As per allegation, on 28.11.2023, the informant's daughter went to appear in examination but she did not return. On search, it came to light that the petitioner has kidnapped the daughter of the informant.

4. The learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.20845 of 2024(4) dt.01-07-2024 2/2 that the victim herself admitted in her statement under Section 164 of the CrPC that she has solemnized her marriage with the petitioner. He has further submitted that though the victim was technically minor but at the time of occurrence, she was at the verge of her majority and her age has been determined as 17 years 3 months. The petitioner is under custody since 04.12.2023

5. Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand rupees) with two sureties of the like amount each to the satisfaction of learned Additional Session Judge-VI-cumSpecial Judge POCSO, Banka in connection with Banka P.S. Case No. 798 of 2023, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(Nawneet Kumar Pandey, J) Nirmal/- U T