Manoj Kumar Chaudhary @ Aaryan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36095 of 2023 Arising Out of PS. Case No.-65 Year-2023 Thana- ROHTAS District- Rohtas ====================================================== MANOJ KUMAR CHAUDHARY @ AARYAN S/O LATE BUDDHDEV CHAUDHARY R/O Village- Madaripur, P.S- Tilauthu, Distt.- Rohtas. ... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR 2.
Kamla Devi W/O Dukhi Ram R/O Village- Tumba, P.S- Rohtas, Distt.- Rohtas.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mithilesh Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 28-06-2023 Heard Mr. Mithilesh Kumar Singh, learned counsel for the petitioner and Mr. Nawal Kishore Prasad, learned Additional Public Prosecutor for the State.
2. Petitioner seeks regular bail in connection with Rohtas PS Case No. 65/2023 dated 16.03.2023 registered for the offence punishable under Sections 363, 366(A) of the IPC.
3. As per First Information Report, the petitioner allegedly, abducted the daughter of the informant for the purpose of marriage.
4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case due to the fact that petitioner was having love affair with the daughter of the informant. The victim girl, in her statement, recorded under
Patna High Court CR. MISC. No.36095 of 2023(2) dt.28-06-2023 2/2 Section 161 CrPC, has stated that she voluntarily performed marriage before Notary Public and she disclosed her age before Notary Public as 21 years which would be evident from Annexure-2 to this petition.
5. Having regards to the submissions made by the parties and taking into consideration the fact that it is a case of adolescence love affair and the victim girl has accepted that she has performed marriage with the petitioner, I am inclined to grant regular bail to the petitioner.
6. Accordingly, 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 Additional Sessions Judge-VII-cumExclusive Special Judge, POCSO Act, Sasaram, Rohtas in connection with Rohtas PS Case No. 65/2023.
(Anil Kumar Sinha, J) perwez U T