Patna High CourtCR. MISC./54689/2023bail granted

Ganouri Das @ Sanjay Kumar v. The State Of Bihar

2023-08-30Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54689 of 2023 Arising Out of PS. Case No.-105 Year-2023 Thana- SHAHKUND District- Bhagalpur ====================================================== Ganouri Das @ Sanjay Kumar, Son of Karu Das, Resident of Village-Sahpur, P.S.- Sahkund, Dist- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vivekanand Vivek, Adv.

For the Opposite Party/s :

Mr. Md. Anbzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 30-08-2023

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Sahkund P.S. Case No. 105 of 2023 dated 10.03.2023 registered for the offences punishable under Section 366(A) of the Indian Penal Code and Sections 4 and 6 of the POCSO Act.

3. The main submissions advanced by learned counsel for the petitioner are that the petitioner is 20 years old and the so-called victim has been recovered and she recorded her statement under Sections 161 and 164 of Cr.P.C. in which she flatly denied the allegation of the FIR and accepted her love affair with this petitioner and revealed that she had gone voluntarily with this petitioner and married him in a temple on 11.03.2023 and started living with him as his wife and in this

Patna High Court CR. MISC. No.54689 of 2023(2) dt.30-08-2023 2/2 regard specific statements have been made in para nos. 7 and 8 of this petition and victim's statement has also been discussed in the order impugned. It is further submitted that the petitioner has been languishing in jail since 19.03.2023 and has fair and clean antecedent.

4. Learned APP appearing for the State has opposed the bail prayer.

5. Considering the above submissions and mainly the petitioner's fair and clean antecedent and his young age, this Court is inclined to accept the bail prayer of the petitioner. Accordingly, let the petitioner named-above be enlarged 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 Court concerned in connection with Sahkund P.S. Case No. 105 of 2023.

(Shailendra Singh, J) annu/- U T