Rohan @ Rohan Inder v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47071 of 2022 Arising Out of PS. Case No.-25 Year-2022 Thana- BHANGHA District- West Champaran ====================================================== ROHAN @ ROHAN INDER Son of Sri Billu @ Ruben Inder Resident of Village - Chhota Purnahiya, P.s.- Ghorasahan, Distt.- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. K.M. Joseph, Adv.

For the Opposite Party/s :

Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 09-12-2022 Heard Mr. K.M. Joseph, learned counsel for the petitioner and Mr. Nand Kishore Prasad, learned Additional Public Prosecutor for the State.

Petitioner seeks regular bail in connection with Bhangaha PS Case No. 25/2022 registered for the offence punishable under Sections 366(A)/34 of the IPC and under Section 12 of POCSO Act.

As per First Information Report, the petitioner abducted the minor daughter of the informant aged about 17 years 09 months for the purpose of marriage.

Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case. He next submits that the girl has been recovered and she, in her statement, recorded by the police under Section 161 of the CrPC, has categorically stated that she was having love affair with the petitioner and had voluntarily left her house for the purpose of performing marriage with the petitioner. She further stated that

Patna High Court CR. MISC. No.47071 of 2022(2) dt.09-12-2022 2/2 she has performed marriage with the petitioner in a temple at Ghorasahan in East Champaran.

Learned counsel also submits that the charge-sheet has been submitted and the petitioner is in custody since 19.05.2022.

Having regard to the submissions made by the parties and taking into consideration the statement of the victim girl recorded under Section 161 CrPC during course of investigation and the fact that the charge-sheet has already been submitted, the petitioner is in custody since 19.05.2022 and there is no likelihood that the petitioner will abscond or tamper with the evidences, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, ROHAN @ ROHAN INDER 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 Special Judge-POCSO-cumAdditional Sessions Judge-VII, Bettiah, West Champaran in connection with Bhangaha PS Case No. 25/2022. (Anil Kumar Sinha, J) perwez U T