Provisional bail granted contingent upon marriage within six weeks; failure to comply mandates surrender.

CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

6 22-12-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail in connection with Special (POCSO) Case No. 173/2025 arising out of Naubatpur P.S. Case No. 814/2024 registered for the offences punishable under Sections 376(1)/ 376(2) of the Indian Penal Code and Sections 4 /6 of the POCSO Act and charge-sheet submitted under Sections 376(2)/376(3) of the I.P.C. and Sections 4 /6 of the POCSO Act .

3. As per the prosecution case, petitioner is accused of developing relationship with the informant and promised her to marry and made her pregnant, then later refused to marry her and denied performance.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in the present case. Learned counsel further submits that since a child has been born out of the relationship of the petitioner and the informant, the petitioner is ready to get married to the informant. Petitioner is a man with a clean antecedent and he is in custody since 21.12.2024. The petitioner undertakes to co-operate in the case/

trial.

5. Learned APP for the State has opposed the prayer for provisional bail of the petitioner.

6. In these circumstances, the petitioner is granted provisional bail of six weeks.

7. Accordingly, let the petitioner, above named, be released on provisional bail for a period of six weeks from the date of his release, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge (Rape and POCSO Act , Patna)/concerned Court below in connection with Special (POCSO) Case No. 173/2025 arising out of Naubatpur P.S. Case No. 814/2024.

8. Before the next date of hearing the parties will file their affidavits in support of marriage. If the petitioner does not get married to the informant within six weeks, then he will have to surrender before the next date of hearing.

9. List this case after six weeks.

(Sandeep Kumar, J)