Jaikrishna Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75113 of 2022 Arising Out of PS. Case No.-305 Year-2022 Thana- MURLIGANJ District- Madhepura ====================================================== JAIKRISHNA DAS SON OF LATE CHULAY DAS R/O VILLAGEKATHOUTIYA, WARD NO.01, P.S.- BIHARIGANJ, DISTRICTMADHEPURA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjay Kumar Singh For the Opposite Party/s :

Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 29-04-2023 Heard Mr. Ranjay Kumar Singh, learned counsel for the petitioner and Mr. Md. Nazir Ansari, learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Murliganj PS Case No. 305 of 2022 dated 22-06-2022 registered for the offence under Section 10 / 11 of the Prohibition of Child Marriage Act, 2006.

The prosecution story in brief is that the Child Development Programme Officer, Murliganj Circle got an information that marriage of a minor girl was being solemnized at a place with an elderly person. Upon information, the Police proceeded towards the place of occurrence and found that

Patna High Court CR. MISC. No.75113 of 2022(2) dt.29-04-2023 2/3 rituals of marriage was going on of a minor girl with one Jwala Singh (groom) aged about 40 years. The petitioner, who is father of the minor girl along with other family members have been made accused in the present case.

Learned counsel for the petitioner submits that marriage was being solemnized in the house of Fufa (relative) of the minor girl and the petitioner was not aware that Fufa had arranged marriage of her daughter along with an elderly person. The petitioner had no intention to get the marriage solemnized with an elderly person. Learned counsel further submits that the offence is triable by Magistrate.

Regard being had to the submission made by the parties, taking into consideration the material on record and the fact that marriage was not being solemnized at the house of the petitioner, I am inclined to grant anticipatory bail to the petitioner.

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. 10000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-1st , Madhepura in connection with Murliganj

Patna High Court CR. MISC. No.75113 of 2022(2) dt.29-04-2023 3/3 PS Case No. 305 of 2022 subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anil Kumar Sinha, J) praful/- U T