Shailendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22178 of 2024 Arising Out of PS. Case No.-152 Year-2023 Thana- RAGHUNATHPUR District- Siwan ====================================================== Shailendra Yadav S/o Ramjit Yadav @ Ramjit Chaudhari Resident of Village - Narhan, P.S. - Raghunathpur, Dist. - siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjeet Kumar Pandey For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 30-09-2024 Heard learned counsel for the petitioner as well as learned APP for the State.

2. In this case, the petitioner is seeking regular bail in connection with Raghunathpur P.S. Case No. 152 of 2023, registered for the offences punishable under Sections 363, 366(A) / 376 of the IPC and Sections 8/17 of POCSO Act.

3. As per prosecution case, the petitioner solemnized marriage with the victim in a temple without giving any information to her family members. It is further alleged that after marriage she went to Bangalore with the petitioner where physical relations was established. Thereafter, the petitioner left her alone in Bangalore. When the victim returned to Raghunathpur and she along with her mother went to the house of the petitioner, he refused to accept her.

4. Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.22178 of 2024(7) dt.30-09-2024 2/2 the petitioner is innocent and has falsely been implicated in the present case. He further submits that the age of the victim is above 17 years as such, she is on the verge of maturity. In her statement under Section 164 of Cr.P.C, she has stated that she solemnized marriage with the petitioner. She has also stated that without informing her family members, she went with the petitioner. The petitioner is under custody since 03.07.2023.

5. On the other hand, learned APP for the State, Mr. Shailendra Kumar has vehemently opposed the prayer for bail. 6.

Considering the above-mentioned facts and circumstances, the petitioner, above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Additional District JudgeVI-cum-special Judge, POCSO, Siwan in connection with Raghunathpur P.S. Case No. 152 of 2023, subject to the condition that the petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court. (Nawneet Kumar Pandey, J) priyanka/- U T