Sheikh Nasim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49935 of 2021 Arising Out of PS. Case No.-49 Year-2021 Thana- MANPUR District- West Champaran ====================================================== SHEIKH NASIM Son of Sheikh Haroon Resident of Village - Sahnaula Pakari, P.S.- Manpur, Distt.- West Champaran. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s :

Mr. Abhay Kumar Roy, A.P.P.

For the informant :

Mr. Manoj Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 05-05-2022 Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor appearing for the State.

Petitioner seeks regular bail in connection with Manpur P.S. Case No. 49/2021 registered for the offences punishable under Section 376 of the Indian Penal Code, 1860 and Sections 6/8 of POCSO Act.

The allegation, as per the First Information Report, is that the petitioner was having physical relationship with the informant for the last four years on the pretext of marriage, but now he has refused to marry with the informant.

Patna High Court CR. MISC. No.49935 of 2021(3) dt.05-05-2022 2/3 Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and from perusal of the First Information Report, it would be evident that the petitioner and informant were having consensual relationship. Learned counsel further submits that now both the parties have come to an amicable settlement. Referring to supplementary affidavit learned counsel submits that the petitioner has solemnized marriage with the informant. The petitioner is in custody since 26.6.2021.

Learned counsel for the informant is present and he confirms that both the parties have solemnized marriage. Regards being had to the submissions made by the parties and taking into consideration the materials on record, the fact that the marriage of the petitioner has been solemnized with the informant, the petitioner is in custody since 26.6.2021 and charge sheet has already been submitted, 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

Patna High Court CR. MISC. No.49935 of 2021(3) dt.05-05-2022 3/3 Rs.20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of learned 7th Additional Sessions Judge cum Special Judge, POCSO Act, West Champaran, Bettiah, in connection with Manpur P.S. Case No. 49/2021.

(Anil Kumar Sinha, J) S.Ali/- U T