Pannalal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1065 of 2023 Arising Out of PS. Case No.-31 Year-2022 Thana- NADI NAINAHA District- West Champaran ====================================================== PANNALAL YADAV Son of Kishun Yadav R/O Village - Bhagwanpur, P.S.- Nadi, District - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-07-2023 Heard learned counsel for the petitioner and the State. Petitioner apprehends his arrest in a case registered for the offence punishable under Section 363, 366A and some other ancillary Sections of the Indian Penal Code and u/s 8 of POCSO Act.

As per the prosecution case, this petitioner along with other FIR named accused persons kidnapped the minor daughter of the informant for the purpose of marriage. Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. It is further submitted that so called victim of the case is major and she has solemnized marriage with the petitioner on 20/05/2022 and presently she is living with this petitioner as his

Patna High Court CR. MISC. No.1065 of 2023(5) dt.03-07-2023 2/2 wife. As a matter of fact, informant' daughter (victim) has lodged Complaint case No. 31C/2023 before C.J.M., Bettiah against her mother (informant) and brother on 18/01/2023 wherein she has categorically admitted that she has solemnized marriage with this petitioner. Petitioner has got clean antecedent.

Learned counsel appearing for the State opposes the prayer for anticipatory bail.

Considering the facts of the case, nature of accusation and clean antecedent of the petitioner, let the petitioner, above named, in the event of his arrest/ surrender within a period of six weeks from today shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-VII-cum- Special Judge, POCSO Act, West Champaran, Bettiah in connection with Nadi PS case No. 31/ 2022, subject to conditions laid down u/s 438(2) of the Cr. P. C. with further condition that one of the bailors shall be wife (victim) of the petitioner.

(Prabhat Kumar Singh, J) BKS/- U T