Patna High CourtCR. MISC./48596/2024bail granted

Lalji Chohan v. The State Of Bihar

2024-10-26Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48596 of 2024 Arising Out of PS. Case No.-558 Year-2023 Thana- BHORE District- Gopalganj ====================================================== Lalji Chohan Son of Madhu Chohan Resident of Vill- Dighwar, P.S.- Bhore, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dimpal Kumari For the Opposite Party/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 26-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case initially registered for the offence punishable under Sections-363, 366(A), 506/34 of the Indian Penal Code and Section-3(1), (r) (s), 3(2)(v) of SC/ST Act and later on, cognizance has been taken under Sections 363, 366, 376 of the Indian Penal Code and Section 4 of the P POCSO Act as well as 3(1), (r)(s), 3(2)(v) of SC/ST Act.

3. It is alleged that the petitioner kidnapped the minor victim for the purpose of marriage.

4. Learned counsel for the petitioner has submitted that there was love and affection between the petitioner and the

Patna High Court CR. MISC. No.48596 of 2024(4) dt.26-10-2024 2/2 victim. In medical examination, the age of the victim was found to be 19-20 years and in her statement recorded under Section 164 of the Cr.P.C., the victim has categorically stated that she has solemnized marriage with the petitioner. It has also been submitted that the petitioner is under incarceration since 18-112023.

5. Learned APP has opposed the prayer for bail.

6. Considering the aforesaid facts and circumstances, let the petitioner named above, 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 learned Additional Sessions Judge-VI (Special Judge, POCSO), Gopalganj in connection with POCSO Case No. 12 of 2024 arising out of Bhore P.S. Case No. 558 of 2023 with condition that the petitioner shall cooperate with the trial of the case and make himself available as and when required by the court. (Nawneet Kumar Pandey, J) A.K.V.//- U T