IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.78391 of 2024 Arising Out of PS. Case No.-147 Year-2023 Thana- ARER District- Madhubani ====================================================== Md. Shakil son of Md. Nasir @ Nasir village- kushmaul, Po- Nagdah balain, Ps- Arer, Dist- Madhubani ... ... Petitioner/s Versus 1. The State of Bihar 2. Julekha Khatun Wife of Md. Jakir village- kushmaul, Po- Nagdah balain, Ps- Arer, Dist- Madhubani ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Subhash Kumar Jha, Adv For the Opposite Party/s : Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 2 28-02-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 363, 366(A)/34 of the Indian Penal Code and Section 6/8 of POCSO Act, 2012. 3. Learned counsel appearing on behalf of the petitioner submits that petitioner has been falsely implicated in the instant case by the informant, who is mother of the victim. It is next submitted that victim and petitioner were in love and since the family of the victim was opposing the marriage, as such, they eloped. It is next submitted that the petitioner and Patna High Court CR. MISC. No.78391 of 2024(2) dt.28-02-2025 2/3 victim eloped on 30.08.2023 and the complaint came to be filed on 18.09.2023 i.e. after a delay of 18 days without any plausible explanation. It is next submitted that though in the F.I.R., it has been alleged that victim was a minor but then victim had reached the age of discretion and was seventeen years and ten months on the date when the occurrence is alleged to have been committed. It is next submitted that petitioner and victim have performed their marriage and are living happily and on intervention of well wishers, the parties have compromised as specifically pleaded at para 11 of the anticipatory bail application. 4. Learned APP opposes the prayer for anticipatory bail of the petitioner and submits that though it has been submitted that the petitioner and the victim have performed their marriage but then no documentary evidence is there on record to substantiate the said submission nor the compromise between the parties is on record. 5. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- Patna High Court CR. MISC. No.78391 of 2024(2) dt.28-02-2025 3/3 (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Arer P.S. Case No. 147 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. 6. However, the informant would be at liberty to file an application seeking cancellation of the anticipatory bail granted to the petitioner in the event if anticipatory bail has been obtained by misleading the Court i.e. if petitioner and the victim had not married or the parties had not entered into a compromise. kiran/- (Satyavrat Verma, J) U T