IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.74024 of 2024 Arising Out of PS. Case No.-92 Year-2021 Thana- SHEIKHOPUR SARAI District- Sheikhpura ====================================================== Sushant @ Pandiya @ Nitish Kumar, son of Nageshwar Das village- Hathidah Mahavir chowk, Ps- Hathidah, Dist- patna ... ... Petitioner/s Versus 1. The State of Bihar 2. Sabita Devi, wife of Bablu Kumar, village- Onama, Ps- sheikhopur Sarai, Dist- sheikhura ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Bipin Kumar, Advocate For the State : Mr. Nirmal Kumar Sinha, APP For the Informant : Mr. Kumar Manglam, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 3 18-01-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State as well as learned counsel for the informant. 2. In the present case, the petitioner seeks bail in connection with Sheikhopur Sarai P.S. Case No. 92 of 2021, registered for the offences under Sections 341, 363, 366A of the Indian Penal Code and Section 8 of the POCSO Act. 3. As per prosecution case, the minor daughter of the informant went missing and the informant alleged that the petitioner enticed her away with the help of unknown person giving inducement of marriage. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The FIR has been lodged after 14 days of occurrence Patna High Court CR. MISC. No.74024 of 2024(3) dt.18-01-2025 2/3 without any explanation. It is a case of love affair between the petitioner and the victim who solemnized marriage out of their own will. The petitioner did not kidnap the victim who left her house on her own. Learned counsel further submits that the victim was on verge of maturity as it appears from the school certificate which shows her date of birth to be 18.04.2004. The victim is staying in the house of the petitioner and doing pairvi in this case. Petitioner is in custody since 07.09.2024 and charge-sheet has been submitted. Petitioner is having clean antecedent. 5. Learned APP as well as learned counsel for the informant oppose the submission made on behalf of the petitioner. Learned counsel for the informant submits that though the informant lodged the case but the petitioner and the daughter of the informant have solemnized marriage, the informant has recorded her deposition and has not supported the prosecution case. 6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that the victim girl was on the verge of majority and at this age a girl develops sufficient maturity and further considering the subsequent development and also considering the clean Patna High Court CR. MISC. No.74024 of 2024(3) dt.18-01-2025 3/3 antecedent of the petitioner coupled with period of custody and submission of charge-sheet, the petitioner is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Additional District Judge, Sheikhpura/concerned court, in connection with Sheikhopur Sarai P.S. Case No. 92 of 2021, subject to the condition laid down under Section 437(3) of the code of Criminal Procedure and other following conditions: (i) One of the bailors will be a close relative of the petitioner. (ii) The petitioner will remain present on each and every date fixed by the below, if so required by the learned trial court. (iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned. balmukund/- (Arun Kumar Jha, J) U T