Satish @ Chhatish Paswan @ Satish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53123 of 2021 Arising Out of PS. Case No.-83 Year-2020 Thana- BALUA BAZAR District- Supaul ====================================================== SATISH @ CHHATISH PASWAN @ SATISH KUMAR Sonof Sitay Paswan Resident of Village- Gurdhariya, Ward No. 02, P.S.- Balua Bazar, DistrictSupaul. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arun For the Opposite Party/s :
Mr. Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-01-2022 Heard learned counsel for the petitioner and the State. The matter has been taken up through video conferencing.
Petitioner seeks regular bail in a case registered for the offence punishable under Section 363/366(A) of the Indian Penal Code. Later on charge sheet has been submitted u/s 363, 366(A), 376 of the IPC and u/s 4 of POCSO Act. As per the prosecution case, this petitioner abducted minor daughter of the informant and solemnized marriage with her.
It is submitted that victim in her statement u/s 164 of the Cr. P. C. stated that she was in talking term with petitioner since last one month and he took her to his house 4-5 days
Patna High Court CR. MISC. No.53123 of 2021(3) dt.21-01-2022 2/2 before and solemnized marriage in a temple and kept for two days in his house. She further stated that instant case has been filed by her mother. The victim was medically examined and the medical board assessed her age to be 17-19 years and no sign of rape was found on the person of victim. Petitioner claims clean antecedent and is in custody since 26.11.2020 and investigation in this case is complete.
Learned counsel appearing for the State opposes the prayer for bail.
Considering the facts of the case, the period of custody of the petitioner and the statement of victim recorded u/s 164 of the Cr. P. C., let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-VI-cum- Special Judge, POCSO Act, Supaul in connection with Balua Bazar PS case No.83/2020.
(Prabhat Kumar Singh, J) BKS/- U T