Pannalal Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48276 of 2021 Arising Out of PS. Case No.-8 Year-2021 Thana- GAUNAHA District- West Champaran ====================================================== PANNALAL CHAUDHARY S/o Late Hiralal Chaudhary R/o village- Manwa Parsi, P.S.- Shikarpur, District- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bashishtha Narayan, Advocate For the Opposite Party/s :
Mr. Anant Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-03-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing for the State through video conferencing.
Petitioner seeks regular bail in connection with Gaunaha P.S. Case No. 08/2021 registered for the offence punishable under Section 366(A) of the Indian Penal Code 1860 and Section 8 of the Protection of Children From Sexual Offences Act.
The allegation, as per the First Information Report, is that the petitioner abducted the daughter of the informant for the purpose of marriage.
Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case with oblique
Patna High Court CR. MISC. No.48276 of 2021(2) dt.11-03-2022 2/3 motive. He further submits that from perusal of the statement of the victim girl recorded under Section 164 Cr. P.C. (Annexure-2), it would be evident that the girl has disclosed her age before the learned Magistrate as 20 years and has stated that she was in love with the petitioner and her parents wanted to marry her with another boy which was not to the liking to the victim girl. Therefore, she called the petitioner and solemnized marriage in a temple. He next submits that in her medical examination, the Doctor has assessed the age of the victim girl between 17-19 years.
Regards being had to the submission made by the parties and taking into consideration the statement of victim girl recorded under Section 164 Cr. P.C. in which she has stated that she left her house voluntarily and solemnized marriage with the petitioner and has disclosed her age before the learned Magistrate as 20 years and the Doctor has assessed her age between 19-20 years, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge7th-cum-Special Judge (POCSO), Bettiah, Distt. West
Patna High Court CR. MISC. No.48276 of 2021(2) dt.11-03-2022 3/3 Champaran, in connection with Gaunaha P.S. Case No. 08/2021. (Anil Kumar Sinha, J) S.Ali/- U T