Prem Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24316 of 2022 Arising Out of PS. Case No.-98 Year-2021 Thana- LAHERIMUHALLA District- Nalanda ====================================================== PREM KUMAR Son of Mahendra Paswan Resident of Mohalla - Bari Pahari, P.S.- Laheri, District - Nalanda ... ... Petitioner
Versus
1.
The State of Bihar 2.
Pirita @ Muskan Kumari Wife of Prem Kumar Grand Daughter of Raj Nandan Das, Resident of Mohalla - Bari Pahari, P.S.- Laheri, District - Nalanda, Presently residing at Mohalla and P.O. and P.S.- Rajgir, District - Nalanda.
... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Dr. Shraddhanand Paswan, Advocate For the Opposite Party/s :
Mr.Ashok Kumar Singh, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-07-2023 Heard learned counsel for the petitioner and the State.
2. The petitioner apprehends arrest in a case registered for the offence punishable under sections 376, 498A,363,506,420, 120B of the Indian Penal Code, section 4 of the POCSO Act and Sections 3 & 4 of the Dowry Prohibition Act.
3. As per the prosecution case, several times petitioner committed rape on the victim who was minor as a result of which she became pregnant.
4. Learned counsel appearing for the petitioner submits that petitioner has married the victim in February, 2020 and out of wedlock they have a child. Petitioner is keeping the victim with care and honour. Investigation officer has given benefits of section 41(A) of the Cr.P.C. Petitioner claims clean antecedent.
5. Considering the aforesaid facts of the case, prayer
Patna High Court CR. MISC. No.24316 of 2022(7) dt.26-07-2023 2/2 for bail of the petitioner is allowed. In the event of arrest/surrender within six weeks from today, let the petitioner, mentioned above, 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 Additional Sessions Judge VI cum Special Judge, POCSO Act, Nalanda in Laheri Police Station Case No. 98 of 2021, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Shashi U T