Ram Ratan Paswan @ Ramratan Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20604 of 2019 Arising Out of PS. Case No.-63 Year-2018 Thana- SHEIKHOPUR SARAI DistrictSheikhpura ====================================================== RAM RATAN PASWAN @ RAMRATAN KUMAR PASWAN Son of Raja Ram Paswan Resident of Village - Charokhara, P.S.- Lakhisarai, Distt - Lakhisarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kumar, Advocate.

For the Opposite Party/s :

Mr.Amit Kumar Rakesh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 03-04-2019 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in POCSO Case No. 31 of 2018 arising out of Sheikhopur Sarai P.S. Case No. 63 of 2018, instituted for the offence under Section(s )363(A), 363 of Indian Penal Code and Section 8 of POCSO Act, 2012.

Counsel for the petitioner submits that victim girl is major. She has performed marriage with petitioner. In support of the marriage, affidavit filed before the Notary Public, Lakhisarai (Annexure-2) sworn by the petitioner has been enclosed as Annexure-2.

The victim girl on recovery has given statement under Section 164 Cr. P.C. wherein she has stated that she has performed marriage with this petitioner. She has stated in her statement that during solemnization of marriage she did not make complaint to

Patna High Court CR. MISC. No.20604 of 2019(2) dt.03-04-2019 2/2 anybody regarding performing her marriage with this petitioner. From the statement of the victim girl recorded under Section 164 Cr. P.C. as well as affidavit filed before the Notary Public (Annexure-2 and 3) it appears that victim girl is major and both were known to each other.

Petitioner is in custody since 15.2.2019 having clean antecedent.

Considering the aforesaid facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner above named, be released 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.D.J.-I, Sheikhpura, in connection with POCSO Case No. 31 of 2018 arising out of Sheikhopur Sarai P.S. Case No. 63 of 2018, subject to the condition that both the bailors will be close relatives of the petitioner. (Sanjay Priya, J) S.Ali/- U T