The court emphasized the victim's voluntary marriage and residence with the petitioner as critical elements for granting pre-arrest bail.

CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

5 17-12-2025 Heard Mr. Tribhuwan Narayan, learned counsel appearing on behalf of the petitioner and Mr. Anuj Kumar Shrivastava, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Bhabua Mahila P.S. Case No. 48 of 2023 registered for the offence punishable under Sections 366(A), 376, 372, 34 of the Indian Penal Code and Section 4 of the POCSO Act .

3. As per the allegation made in the FIR, accused persons named therein, had allegedly sold the victim girl to the petitioner for a sum of Rs. 50,000/-

4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and has falsely been implicated in the present case due to enmity. The victim girl had married with the petitioner on her own and presently she is residing along with the petitioner in her matrimonial house. Petitioner has clean antecedent. On these grounds, petitioner seeks to be released on pre-arrest bail.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Considering the rival submissions made on behalf of the parties, as well as, having perused the FIR and case diary, in which, it has come that the victim girl had married with the petitioner on her own and presently, she is residing along with the petitioner in her matrimonial house. Petitioner has clean antecedent. I am of the opinion that petitioner has, prima facie, made out a case to be released on pre-arrest bail.

7. The petitioner, above named, is directed to be released on pre-arrest bail, in the event of his/her arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned District Court where the case is pending, in connection with Bhabua Mahila P.S. Case No. 48 of 2023, subject to the condition as laid down under Section 482(2) of the BNSS.

8. The learned District Court is directed to verify the criminal antecedent of the petitioner as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner as what has been stated in paragraph no. 3, this order will lose its force automatically.

(Purnendu Singh, J)