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Patna High CourtCR. MISC./71638/2023allowed

Surendra Kumar Das v. The State Of Bihar

2024-02-02Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71638 of 2023 Arising Out of PS. Case No.-126 Year-2022 Thana- SHAMBHUGANJ District- Banka ====================================================== Surendra Kumar Das Son of Yogendra Das R/O Village- Kamalpur, P.SBarahat, Distt.- Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Mukherjee, Advocate For the Opposite Party/s :

Mr. Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 02-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Shambhuganj P.S. Case No.126 of 2022 registered under Sections 9, 10 and 11 of the Prevention of Child Marriage Act and Section 12 of the POCSO Act.

3. As per prosecution case, the petitioner is alleged to have solemnized marriage with a minor girl (victim).

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case only on the basis of suspicion and dirty village politics. The marriage has not been solemnized between the petitioner and the victim. The petitioner has no criminal antecedent and is in custody since 15.06.2023.

Patna High Court CR. MISC. No.71638 of 2023(3) dt.02-02-2024 2/2

5. Learned A.P.P. opposes the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case, submissions of the parties as well as the period of custody, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge 6th-cum-Special Judge, POCSO, Banka/Successor Court, Banka in connection with Shambhuganj P.S. Case No.126 of 2022.

(Sunil Dutta Mishra, J) Harish/- U T