Shailendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73002 of 2024 Arising Out of PS. Case No.-198 Year-2023 Thana- ARIYARI District- Sheikhpura ====================================================== Shailendra Kumar Son Of Mintu Chaudhary R/O- Bhalua P.S.- Ariyari DistSheikhpura ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rambali Mahto R/o- Husainnabad P.S.- Ariyari Dist- Sheikhpura ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dr. Anjani Pd. Singh, Adv.

Mr. Sunny Kumar, Adv.

For the Opposite Party/s :

Mr. Brajendra Nath Pandey, APP For the Informant :

Mr. Rajnish Kumar, Adv.

Ms. Puja Kumari, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 22-01-2025 Heard Mr. Dr. Anjani Pd. Singh, learned counsel appearing for the Petitioner, Mr. Rajnish Kumar, learned counsel for the informant and Mr. Brajendra Nath Pandey, learned APP for the State.

2. The petitioner apprehends his arrest in connection with Ariyari P.S. Case No. 198 of 2023 dated 18.07.2023 registered for the offences punishable under Section 366 (A) of the Indian Penal Code and Section 8 of the POCSO Act.

3. The main submissions advanced by petitioner's counsel are that the petitioner is a young person having fair and clean antecedent and the allegations levelled against him in the FIR are totally false, in fact, the petitioner and the informant's

Patna High Court CR. MISC. No.73002 of 2024(3) dt.22-01-2025 2/3 daughter fell in love and finally solemnized the marriage and in the present time, the informant's daughter is residing in the company of the petitioner in his house as his wife and the said facts have been supported by the victim herself in her statement recorded under Section 161 of the Cr.P.C. which has been discussed in the order impugned and both the sides have compromised by filing a compromise petition Annexure-P/2 before the trial court. It is further submitted that the informant's daughter is presently a major girl.

4. Mr. Rajnish Kumar, learned counsel appearing for the informant accepts the aforesaid factum of compromise as well as the victim residing with the petitioner as his wife however, he has submitted that the terms and conditions of the compromise have not been fully complied with regard to the compromise in respect of the complaint case which has been lodged against the O.P. No.2 on behalf of the petitioner's side.

5. Having considered the aforesaid submissions, this Court is inclined to grant the relief of anticipatory bail to the petitioner. Accordingly, let the petitioner named-above, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 20,000/-

Patna High Court CR. MISC. No.73002 of 2024(3) dt.22-01-2025 3/3 (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Ariyari P.S. Case No. 198 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Shailendra Singh, J) maynaz/- U T