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Surendra Kumar Das v. the State of Bihar

Patna HC2 Feb 2024CR. MISC./71638/2023

Case brief

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What is this about?

Bail application by a man accused under the Prevention of Child Marriage Act and POCSO Act of solemnising marriage with a minor girl. Considering custody since 15 June 2023 and case facts, the court granted regular bail with sureties.

What did the court decide?

Petitioner released on bail on furnishing bail bond of Rs.10,000 with two like sureties to the satisfaction of Additional Sessions Judge-cum-Special Judge, POCSO, Banka.

Surendra Kumar Das Vs the State of Bihar — Child Sexual Offences (POCSO) | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.71638 of 2023

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Arising Out of PS. Case No.-126 Year-2022 Thana- SHAMBHUGANJ District- Banka

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======================================================

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Surendra Kumar Das Son of Yogendra Das R/O Village- Kamalpur, P.SBarahat, Distt.- Banka.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Ajay Mukherjee, Advocate For the Opposite Party/s : Mr. Akhileshwar Dayal, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER

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3 02-02-2024

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Heard learned counsel for the petitioner and learned

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A.P.P. for the State.

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The petitioner seeks regular bail in connection with Shambhuganj P.S. Case No.126 of 2022 registered under Sections 9, 10 and 11 of the Prevention of Child Marriage Act and Section 12 of the POCSO Act.

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As per prosecution case, the petitioner is alleged to have solemnized marriage with a minor girl (victim).

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Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case only on the basis of suspicion and dirty village politics. The marriage has not been solemnized between the petitioner and the victim. The petitioner has no criminal antecedent and is in custody since 15.06.2023.

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Patna High Court CR. MISC. No.71638 of 2023(3) dt.02-02-2024 2/2

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Learned A.P.P. opposes the prayer for bail of the

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petitioner.

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Having considered the facts and circumstances of the case, submissions of the parties as well as the period of custody, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge 6^th -cum-Special Judge, POCSO, Banka/Successor Court, Banka in connection with Shambhuganj P.S. Case No.126 of 2022.

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(Sunil Dutta Mishra, J)

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Harish/-

Surendra Kumar Das v. the State of Bihar

Case brief

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Surendra Kumar Das v. the State of Bihar

Case brief

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