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Patna High CourtCR. MISC./19720/2021allowed

Suraj Kumar v. The State Of Bihar

2022-01-27Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19720 of 2021 Arising Out of PS. Case No.-247 Year-2020 Thana- SARAI District- Vaishali ====================================================== SURAJ KUMAR Son of Ratan Sahni Resident of Village - Paura Madan Singh, P.S. - Sarai, District - Vaishali.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rupa Kumari, Adv.

For the State :

Mr. Yogendra Kumar Singh, APP For the Informant :

Ms. Bela Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 27-01-2022 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant. The petitioner apprehends his arrest in connection with Sarai P.S. Case No. 247 of 2020 registered under Sections 363 and 366A/34 of the Indian Penal Code and Section 4/8 of POCSO Act.

Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. Further submission that on perusal of Annexure-2, it appears that the daughter of the informant has also filed a complaint case against the present informant. The statement of informant's daughter recorded under Section 164 of Cr.P.C. was under pressure of her family

Patna High Court CR. MISC. No.19720 of 2021(2) dt.27-01-2022 2/2 members as well as police officer. It is further submitted that daughter of the present informant stated that she got married with the petitioner on her own sweet will and also stated that his father(Informant) lodged a false case against her husband i.e. the petitioner as contained in Annexure-3 to the bail application. Petitioner has no criminal antecedent. Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned court below within a period of four weeks from today, on furnishing personal bond to the satisfaction of the Exclusive Special Court POCSOcum-Children-cum-A.D.J.-IV, Vaishali at Hajipur in connection with Sarai P.S. Case No. 247 of 2020, subject to the condition as laid down under Section 438(2) of the Cr. P.C. utkarsh/- (Arvind Srivastava, J) U T