Md. Shamsher Alam @ Shamsher Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35454 of 2019 Arising Out of PS. Case No.-43 Year-2019 Thana- JAMALPUR District- Munger ====================================================== Md. Shamsher Alam @ Shamsher Alam, aged about 54 years, Male, Son of Md. Rashid, Resident of Sujawalpur, P.S.-Mufassil, District-Munger. ... ... Petitioner
Versus
The State Of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Sanjay Sinha, Adv.
For the Opposite Party :
Ms. Nirmala Kumari, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 20-11-2019 Heard learned counsel for the petitioner, learned Additional Public Prosecutor for the State as well as learned counsel appearing for the Informant.
Petitioner seeks bail in a case registered for the offences punishable under Sections 147, 148, 149, 366(A) of the Indian Penal Code and Section 8 of POCSO Act. Admittedly, the victim returned and her statement was recorded under Section 164 of the CrPC and in the said statement, she, specifically, stated that she left her home by her own sweet will and solemnized her marriage with Md. Sanohar, who happens to be son of the petitioner.
Learned counsel appearing for the informant submits that at the time of alleged occurrence, the victim was minor and
Patna High Court CR. MISC. No.35454 of 2019(6) dt.20-11-2019 2/2 therefore, even if, she gave her consent for the marriage, then also, her consent was not valid.
Considering the aforesaid submissions of the parties as well as facts and circumstances of the case and also taking note of this fact that the petitioner is in jail cusjtody since 05.04.2019, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (POCSO Act)-cum-Additional Sessions Judge-1st, Munger in connection with Jamalpur P. S. Case No. 43 of 2019.
(Hemant Kumar Srivastava, J) Rajeev Kumar/- U T