Sanjay Kumar @ Sanjay Mehta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83782 of 2024 Arising Out of PS. Case No.-40 Year-2021 Thana- SHANKARPUR District- Madhepura ====================================================== Sanjay Kumar @ Sanjay Mehta S/O Bhupendra Mehta @ Bhupendra Mehata Resident of village- Hasanpura Gidha, P.S.- Shankarpur, District- Madhepura ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Chandan Kumar Son of Motilal Mehta Resident of village- Hasanpura Ward no.5, P.S.- Shankarpur, District- Madhepura ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Barun Kumar Singh, Adv.
For the Opposite Party/s :
Mrs. Rita Verma, APP Ms. Pooja Prasad,Adv. For OP-2 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-05-2025 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for opposite party no. 2.
2. The petitioner seeks bail in a case registered for offence under Sections 366(A)/34 of the Indian Penal Code and Section 12 of the POCSO Act.
3. It is alleged that this petitioner kidnapped the minor daughter of informant, with the help of his father and brother, for the purpose of marriage.
4. Learned counsel for the petitioner submits that there was love-affairs between petitioner and victim (daughter of informant) and due to this reason, they eloped. The victim, in her statement recorded under Section 164 Cr.P.C., has specifically stated that she has already solemnized marriage
Patna High Court CR. MISC. No.83782 of 2024(3) dt.16-05-2025 2/2 with this petitioner and wants to live with him. Even, for recording her statement under Section 164 Cr.P.C., the victim appeared before the Court below with this petitioner. Petitioner has got clean antecedent and is in custody since 05.09.2024. Chargesheet has been submitted.
5. Learned A.P.P. for the State and learned counsel for opposite party no. 2 opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances, let the above named petitioner 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 learned Additional Sessions Judge VI cum Special Judge, POCSO, Madhepura in connection with POCSO Case No. 11 of 2021, arising out of Shankarpur P.S. Case No. 40 of 2021.
(Prabhat Kumar Singh, J) anay U T