Pankaj Yadav @ Pankaj Kumar Yadav @ Pankaj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38514 of 2024 Arising Out of PS. Case No.-36 Year-2023 Thana- MAHILA P.S. District- Saharsa ====================================================== Pankaj Yadav @ Pankaj Kumar Yadav @ Pankaj Kumar Son of Bijo Yadav Resident of Village - Gordah ward no. 5, P.S.- Salkhua, District - Saharsa. ... ... Petitioner/s
Versus
1.
The State of Bihar BIHAR 2.
Parwati Kumari @ Nanhki Daughter of Late Ramesh Yadav Resident of Village - Gordah, P.S.- Salkhua, District - Saharsa. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Amarnath Jha For the Opposite Party/s :
Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 18-09-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Saharsa Mahila P.S. Case No. 36 of 2023 corresponding to POCSO Case No. 11 of 2024 registered for the offence under Section 341, 323, 376, 506, 504, 34 of the Indian Penal Code and under Section 4, 6 of the POCSO Act but the charge-sheet has been submitted under Section 341, 323, 376 (3), 494, 506 of the Indian Penal Code and under Section 4, 8 and 12 of the POCSO Act.
3. Though, the allegation against the petitioner is of committing rape upon the victim girl but learned counsel for
Patna High Court CR. MISC. No.38514 of 2024(4) dt.18-09-2024 2/2 the petitioner submits that the petitioner and the victim have now got married and they are living happily with their two children. He also submits that in the 164 statement of the victim girl, she has also said that she has got married to the petitioner.
4. Learned counsel for the petitioner also submits that the victim girl is major and the petitioner is in custody since 22.1.2024.
5. Considering the aforesaid facts, this application is allowed.
6. 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 the learned Additional District and Sessions Judge-VI-cumSpecial Judge, POCSO, Saharsa/concerned Court below in connection with Saharsa Mahila P.S. Case No. 36 of 2023 corresponding to POCSO Case No. 11 of 2024.
(Sandeep Kumar, J) Vikas/- U T