Ajay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29116 of 2023 Arising Out of PS. Case No.-78 Year-2021 Thana- SUGAULI District- East Champaran ====================================================== Ajay Kumar S/O Bhikhari Mahto R/O Ward No. 12, Bhatahan Bishunpur, P.S- Sugauli, Distt.- East Champaran.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Patanjali Rishi For the Opposite Party/s :
Ms.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-08-2023 Heard learned counsel for the petitioner and the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 363, 366A of the Indian Penal Code and section 8 of the POCSO Act.
3. It is alleged that petitioner along with his family members enticed away the daughter of informant on the pretext of marriage.
4. It is submitted that the victim girl in her statement under Section 164 Cr.P.C has denied the prosecution case and she has clearly stated that out of her own will she went along with this petitioner and solemnized marriage. She disclosed her age to be 21 years. However, court below has assessed her age 15-16 years. Petitioner claims clean antecedent.
Patna High Court CR. MISC. No.29116 of 2023(3) dt.28-08-2023 2/2
5. In view of the statement of victim girl under Section 164 Cr.P.C., the petitioner above-named, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to 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 the learned Special Judge POCSO, East Champaran, Motihari in connection with Sugauli P.S. Case No. 78 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) vinita/- U T