Birendra Bind @ Gati Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55057 of 2024 Arising Out of PS. Case No.-170 Year-2023 Thana- KALER District- Jehanabad ====================================================== Birendra Bind @ Gati Bind Son of Surajdev Bind Resident of MohallaAgnur, P.S.- Kaler, District- Arwal. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sree Ram Chaudhari Not Known R/O- Agshar, P.S.- Kaler, Distt.- Arwal ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjay Kumar Singh, Advocate For the Opposite Party/s :

Mr.Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 20-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. This is an application for regular bail on behalf of the petitioner for the offences alleged under Sections 366(A) and 34 of the Indian Penal Code and Section 8 of the POCSO Act, registered in connection with Kaler P.S. Case No. 170 of 2023.

3. As per the prosecution case, on the alleged date of occurrence the informant's daughter had gone outside the house to the market but she did not return. During course of search, the informant came to know that petitioner had eloped his daughter. Accordingly, the present case was registered.

Patna High Court CR. MISC. No.55057 of 2024(2) dt.20-08-2024 2/2

4. By drawing my attention towards the statement of the victim recorded u/s 164 of Cr.P.C., the learned counsel for the petitioner submits that the victim stated categorically that she went with the petitioner as per her own sweet will as she was in love and affection with the petitioner five years prior to lodging of the F.I.R. She has further stated that still she is willing to solemnize marriage with the petitioner.

5. On the other hand, the learned APP appearing for the State has opposed the prayer of Bail.

6. Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing the bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-cum-Special Judge, POCSO, Jehanabad in connection with Kaler P.S. Case No. 170 of 2023, subject to the condition that petitioner shall cooperate in the disposal of trial and make himself available as and when required by the Court.

(Nawneet Kumar Pandey, J) lata/- U T