Patna High CourtCR. MISC./48812/2024bail granted

Praduman Sharma v. The State Of Bihar

2024-10-04Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48812 of 2024 Arising Out of PS. Case No.-251 Year-2024 Thana- GAYA KOTWALI District- Gaya ====================================================== PRADUMAN SHARMA SON OF RAJ KUMAR SHARMA RESIDENT OF VILLAGE- NAURANGA, P.S.- MUFFASIL IN THE DISTRICT OF GAYA ... ... Petitioner/s

Versus

The State of Bihar BIHAR 2.

MRS. KANCAN SHARMA WIFE OF PRADUMAN SHARMA R/OVILLAGE0 NAURANGA, P.S.- MUFFASIL IN THE DISTRICT OF GAYA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Braj Nandan Kumar Tiwary For the Opposite Party/s :

Mr. Nand Kishore Prasad Mr. Prakash Chandra Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 04-10-2024 Heard the learned counsel for the petitioner, learned APP for the State and learned counsel for the O.P. No. 02.

2. The petitioner seeks regular bail in the present case registered for the offence under Sections 376, 504, 506, 34 of the Indian Penal Code and Section 4 of the POCSO Act.

3. As per the prosecution case, the petitioner was caught with a girl alleged to be a minor in a hotel.

4. Learned counsel for the petitioner submits that the girl caught with the petitioner has said that she has got married to the petitioner and they are husband and wife and she wants to stay with the petitioner. Petitioner is in custody since 06.05.2024. The F.I.R. has been registered by the informant

Patna High Court CR. MISC. No.48812 of 2024(3) dt.04-10-2024 2/2 saying that the petitioner is already married to her and he has taken the girl in a second marriage.

5. Learned A.P.P. as well as the learned counsel for the informant have vehemently opposed the prayer for bail.

6. Considering the period of custody as well as the facts and circumstances of the case, this application for regular bail is allowed.

7. 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 the learned A.D.J.-VI cum Special Judge, POCSO Act, Gaya/concerned Court below in connection with Kotwali P.S. Case No. 251 of 2024.

8. This application stands allowed.

(Sandeep Kumar, J) Shishir/- U T