SRINATH Vs. STATE

JUDGEMENT

(1.) The petitioner, who was arrested and remanded to judicial custody on 16/9/2022 for the offences punishable under Ss. 366(A) of IPC r/w Sec. 5(1) and 6 of POCSO Act in Crime No.84 of 2022 on the file of the respondent police, seeks bail.

(2.) The case of the prosecution is that on 9/9/2022, the defacto complainant's minor daughter was missing from her home. Therefore, the defacto complainant lodged a complaint before the respondent police as girl missing. Initially, a case has been registered as girl missing in Crime No.84 of 2022. After enquiry, on 16/9/2022, the accused was arrested under Sec. 366(A) of IPC r/w Sec. 5(1) and 6 of POCSO Act. Hence, the case.

(3.) The learned counsel appearing for the petitioner would submit that the petitioner was forced by the victim girl to save her life, since her parents, arranged marriage for her against her wish. The petitioner and the victim girl, having love affair for the past two years. The victim girl and the petitioner eloped and stayed at their friends home. Thereafter, due to the compulsion of the police, both of them appeared before the respondent police. The statement of the victim girl under Sec. 164 of Cr.P.C., recorded before the learned Magistrate, wherein, she had stated that both of them having love affair and she had voluntarily gone alone with the petitioner. The petitioner is in prison from 16/9/2022. Therefore, he prays for grant of bail to the petitioner.