Deepak Kumar Sah @ Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36668 of 2018 Arising Out of PS.Case No. -51 Year- 2018 Thana -SALKHUA District- SAHARSA ====================================================== Deepak Kumar Sah @ Deepak Kumar S/o Mohan Sah, R/o Vill.- Priyanagar, P.S.- Salkhua, O.P.- Banama Itahari, Distt.- Saharsa. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Chandra Mohan Jha For the Opposite Party/s : Mr. Sri Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 31-07-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is in custody since 16.04.2018 in connection with POCSO Case No. 14 of 2018 arising out of Salkhua (Banma Itahari O.P) P.S. Case No. 51 of 2018 for the offence registered under Sections 366A, 506/34 of the Indian Penal Code. Learned counsel for the petitioner submits that though the allegation against the petitioner is that the victim girl had been kidnapped

by force, the girl on recovery has categorically stated before the Magistrate in her statement made under Section 164 Cr.P.C. that she had not been kidnapped by anyone rather she had herself gone with Deepak Kumar Sah @ Deepak Kumar and she is now expecting a baby, as they got married in a Temple at Saharsha. Learned counsel for the petitioner further submits that the victim girl is 19 years of age and she is having a pregnancy of 8 weeks with twin foetus. She has also expressed that she will not go with her parents as they are trying to kill her babies and also to kill her and her husband. It is further submitted that as per the order of the CJM, the victim girl is living in the house of the petitioner.

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, 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 A.D.J. - 1stcum- Special Judge, Saharsa in connection with POCSO Case No. 14 of 2018 arising out of Salkhua

(Banma Itahari)[ P.S. Case No. 51 of 2018.

(Anjana Mishra, J) Jagdish/- U T