Amar Ram @ Amar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44615 of 2024 Arising Out of PS. Case No.-130 Year-2022 Thana- RAJAON District- Banka ====================================================== Amar Ram @ Amar Kumar Son of Munilal Ram @ Munilal Singh R/O Vill.- Nawada Bazar, P.S.- Nawada Bazar O.P., Dist.- Banka ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Kailash Thakur Son of Late Baleshwar Thakur R/O Vill.- Nawada Bazar, P.S.- Nawada Bazar O.P., Dist.- Banka ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Mukherjee For the Opposite Party/s :

Mr.Shahabuddin Azeem @ S. Azeem ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-11-2024 Heard learned counsel for the petitioner and the State.

2. The petitioner apprehends arrest in a case registered for the offence punishable under sections 366A/34 of the Indian Penal Code in which section 4 of the POCSO Act was added subsequently.

3. Petitioner is alleged to have kidnapped the minor daughter of the informant for the purpose of marriage.

4. Learned counsel appearing for the petitioner submits that the victim has denied the prosecution case in her statement recorded under Section 164 Cr.P.C and has stated that she has solemnized marriage with this petitioner on her own free

Patna High Court CR. MISC. No.44615 of 2024(3) dt.29-11-2024 2/2 will. The Court has assessed the age of the victim girl to be 19 years. Petitioner claims clean antecedent.

5. Considering the aforesaid facts of the case, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within six weeks from today, let the petitioner, mentioned above, be enlarged 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 VIcum-Special Judge, POCSO, Banka in Rajoun (Nawada OP) Police Station Case No. 130 of 2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Prakash/- U