Amit Kumar Mandal @ Amit Kumar Kamat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47768 of 2018 Arising Out of PS. Case No.-726 Year-2015 Thana- FORBESGANJ District- Araria ====================================================== Amit Kumar Mandal @ Amit Kumar Kamat, S/o Dinesh Prasad Kamat, @ Dinesh Kamat, R/o Vill.- Pithaura, P.S.- Narpatganj, District- Araria, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Sharma For the Opposite Party/s :

Mr. Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 31-08-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Forbesganj P.S. Case No. 726 of 2015 instituted for the offence under Sections 376 of the IPC and Section 6 of the POCSO Act. Learned counsel for the petitioner submits that the prayer for anticipatory bail of the petitioner was earlier dismissed for non-prosecution vide order dated 23.11.2016 passed in Cr. Misc. No. 42673 of 2016. It is further submitted that both parties have performed marriage and are living together. In support of such statement document has been annexed to this petition.

In such circumstance, this petition is disposed of with the direction to the petitioner to surrender in the court below within four weeks from the date of receipt of this order along

Patna High Court Cr.Misc. No.47768 of 2018(3) dt.31-08-2018 2/2 with the victim girl and file affidavit that they have performed marriage and in the event, the court below is satisfied that they have performed marriage and are living together, the court below will consider the same and pass appropriate order in accordance with law preferably on the same day, without being prejudiced by this order.

(Sanjay Priya, J) khushbu/- U T