Md Sultan @ Sultan Alam @ Sultan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59555 of 2025 Arising Out of PS. Case No.-357 Year-2023 Thana- MADHUBAN District- East Champaran ====================================================== Md Sultan @ Sultan Alam @ Sultan Alim Mansuri @ Alam Mansuri Resident of Village - Jagauliya (Tola Palat), P.S. - Madhuban District - East Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Moharmar Masuri @ Moharam Mansuri Son of Late Rasid Miyan R/o Village - Jagauliya(Tola Palat), P.S. - Madhuban, Dist. - East Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Karandeep Kumar For the State :

Mr.Binod Kumar For the OP-2 :

Mr.Prateek Tandan and Mr. Rohit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-12-2025 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for opposite party no. 2.

2. The petitioner seeks bail in a case registered for offence under Sections 363, 366 (A), 379 and 34 of the Indian Penal Code and Sections 4, 8 of the POCSO Act.

3. Allegation against this petitioner, in brief, is that on 17.06.2023, he and other co-accused persons fraudulently took informant's minor daughter, a student of class-7th to Muzaffarpur, intoxicated her by feeding sweets and then, in the state of her unconsciousness, they solemnized her marriage with this petitioner.

4. The victim, in her statement recorded under Section

Patna High Court CR. MISC. No.59555 of 2025(3) dt.03-12-2025 2/2 164 Cr.P.C., has supported the prosecution case and stated that co-accused Abdul Kadir fed her sweets and thereafter, she fell asleep and in the state of intoxication, this petitioner solemnized marriage with her. The learned trial court assessed the age of the victim, as 13 years. Petitioner has got one criminal antecedent and is in custody since 03.07.2025.

5. Considering the nature of accusation, statement of the victim recorded under Section 164 Cr.P.C. and criminal antecedent, the prayer for bail of petitioner is rejected. However, since petitioner is in custody, the learned trial court is directed to expedite the trial.

(Prabhat Kumar Singh, J) anay U T