Biral Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29805 of 2025 Arising Out of PS. Case No.-29 Year-2025 Thana- KORMA District- Sheikhpura ====================================================== Biral Bind S/o Sidheshwar Bind Resident of Village- Gagaur, Police StationKorma, District- Sheikhpura ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Gudiya Kumari D/o Chandan Jamadar Resident of Village- Chistipur, PostChistipur, Police Station- Chandi, District- Nalanda ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nilendu Kumar Choudhary, Advocate For the State :

Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 19-05-2025 Heard Mr. Nilendu Kumar Choudhary, learned counsel for the petitioner and Mr. Yogendra Kumar, learned APP for the State and learned counsel for the informant.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 6 of the POCSO Act and Section 9 of the Prohibition of Child Marriage Act, 2006.

3. The case of the prosecution is that the informant was married with the petitioner one year ago in presence of her family members. After marriage, she went to her matrimonial house and started living with her husband. They had established physical relationship due to which she became pregnant. It has

Patna High Court CR. MISC. No.29805 of 2025(2) dt.19-05-2025 2/3 been submitted that the father of the informant is a ragpicker. It is also alleged that she gave birth to a child.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Learned counsel for the petitioner has submitted that as the age of the victim was 15 years as per Aadhaar Card, this case was lodged. There is no allegation of sexual assault. He has also submitted that utmost it can be a case of Child Marriage Restrained Act. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 21.03.2025.

5. Learned counsel for the victim/informant is present and he has got no objection to the submissions of the learned counsel for the petitioner.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Korma P.S. Case No. 29 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned District and Additional

Patna High Court CR. MISC. No.29805 of 2025(2) dt.19-05-2025 3/3 Sessions Judge-cum-Exclusive Special Judge (POCSO), Sheikhpura.

(Ashok Kumar Pandey, J) Shubham/- U T