Lalbabu Chaupal @ Lal Babu Chaupal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71611 of 2024 Arising Out of PS. Case No.-29 Year-2024 Thana- NADI District- Supaul ====================================================== Lalbabu Chaupal @ Lal Babu Chaupal Son of Raju Sharma R/O VillageLalmniya (Lalmania) Tola- Narhi, Ward No 13, P.S.-Supaul Nadi, DistrictSupaul ... ... Petitioner/s

Versus

1.

The State of Bihar Patna 2.

Indu Devi W/o Ashok Kamat R/o vill - Lalmaniya (Lalmania), Tola- Narhi, Ward no. 13, P.S. - Supaul Nadi, Distt. - Supaul ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Madhav Jha For the Opposite Party/s :

Mr.Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 26-10-2024

1. Heard the parties.

2. The petitioner apprehends his arrest in connection with POCSO Case No. 70 / 2024 arising out of Supaul Nadi P.S. Case No. 29 of 2024 dated 15.04.2024 registered under Sections 363, 366, 366-A, 34 of the I.P.C.

3. As per the F.I.R. the daughter of the informant has been kidnapped by the petitioner.

4. Learned counsel for the petitioner submits that there was love affair between the petitioner and the daughter of the informant and both have performed marriage. The statement of the victim girl was recorded under Section 164 Cr.P.C. in which she has stated that she has solemnized marriage with the

Patna High Court CR. MISC. No.71611 of 2024(2) dt.26-10-2024 2/2 petitioner with consent. Referring to Annexure-P/2, learned counsel submits that Child Welfare Committee, Supaul has mentioned the age of the victim on 10.06.2024 as 18 years 10 days and has released her in favour of family members of the petitioner.

5. Regard being had to the submission made by the parties, taking into consideration the fact that the petitioner and the daughter of the informant have performed marriage and the statement of the victim girl recorded under Section 164 Cr.P.C., I am inclined to grant anticipatory bail to the petitioner.

6. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned ADJ-VI-cum-Special Judge POCSO Act, Supaul in connection with POCSO Case No. 70 / 2024 arising out of Supaul Nadi P.S. Case No. 29 of 2024 subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anil Kumar Sinha, J) praful/- U T