Suraj Kumar Gupta @ Suraj Gupta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.36962 of 2016 Arising Out of PS.Case No. -39 Year- 2016 Thana -MAHILA PS District- BUXAR ======================================================
1. Suraj Kumar Gupta @ Suraj Gupta Son of Arun Gupta Resident of Village Itarhi, P.S Itarhi, District Buxar.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Kamlesh Prasad Yadav For the Opposite Party/s : Mr. S.M. Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-01-2017 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State.
The petitioner seeks bail in a case instituted under Sections 376 and 120(B) of the Indian Penal Code and Section 4 of POCSO Act, 2012.
The allegation against the petitioner is of committing rape upon the victim.
A supplementary affidavit has been filed on behalf of the petitioner as well as on behalf of the informant. The same is kept on the record.
Vide earlier order dated 26.10.2016, submission made on the behalf of the parties that the petitioner shall solemnize marriage with the victim girl. Accordingly, provisional bail was
Patna High Court Cr.Misc. No.36962 of 2016 (5) dt.12-01-2017 2/2 granted to the petitioner.
A joint prayer has been made on behalf of the parties that the petitioner and the victim have already solemnized their marriage and they are living together. To this effect, supplementary affidavits have also been filed on behalf of the parties. The counsel for the informant also accepts that he has got no objection, since the petitioner has already solemnized his marriage with the victim girl.
Considering the aforesaid facts and circumstances, the provisional bail granted to the petitioner vide order dated 26.10.2016 is hereby confirmed.
(Sudhir Singh, J.) Amit/- U T