Raushan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38539 of 2023 Arising Out of PS. Case No.-279 Year-2022 Thana- SOHSARAI District- Nalanda ====================================================== RAUSHAN KUMAR S/O MANOJ YADAV @ MANOJ KUMAR R/O Village-17 no., Talabpar, P.S- Sohsarai, Distt.- Nalanda. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raj Kishor Prasad For the Opposite Party/s :
Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 02-08-2023 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection with Sohsarai P.S. Case No. 279 of 2022, registered for the offences punishable under Sections 363 and 366A of the Indian Penal Code and Section 8/12 of the POCSO Act.
3. As per allegation, the informant is living with her daughter aged about 16 years and she has appeared in the Matric Examination and they are living in the house of Dukhi Mahto on rent. On 15.10.2022 her daughter went to Sohsarai Market, but she did not return. During search, the informant came to know that the petitioner has taken away her daughter with intention to marry with her.
Patna High Court CR. MISC. No.38539 of 2023(2) dt.02-08-2023 2/2
4. The learned counsel for the petitioner has submitted that in the statement under Section 164 of the CrPC, the victim herself has stated that she has solemnized marriage with the petitioner. As per date of birth mentioned in the certificate issued by Bihar School Examination Board, her date of birth is 19.12.2014, which shows that on the day of occurrence, she was major.
5. Considering the above-mentioned facts and circumstances, the petitioner above-named, in the event of his arrest or surrender, within four weeks from today, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned 7th Additional Sessions Judge-cum-Special Judge, POCSO, Nalanda Biharsharif in connection with Sohsarai P.S. Case No. 279 of 2022, subject to condition as laid down under section 438(2) Cr. P.C.
(Nawneet Kumar Pandey, J) Nirmal/- U T