Dilip Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20916 of 2019 Arising Out of PS. Case No.-33 Year-2018 Thana- MAHILA P.S. District- Sheohar ====================================================== DILIP KUMAR Son of Dinesh Ram Resident of Village- Chhatauni Tariyani, P.S.- Tariyani, District-Sheohar ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mahendra Thakur For the Opposite Party/s :

Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 323, 341, 376(2)(i), 504, 506 of the Indian Penal Code and Section-4 of the POCSO Act.

Allegation against the petitioner is of establishing physical relation with the informant's daughter for about eight months on the false pretext of marriage, as a result of which, the victim became pregnant.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 26-02-2019. Charge sheet has already been submitted. On false pretext of marriage, the petitioner is alleged to have established physical relation. Later on, he retracted from the said promise. Hence the present case has been instituted. It has been

Patna High Court CR. MISC. No.20916 of 2019(3) dt.25-04-2019 2/2 further alleged that out of establishing physical relation with the petitioner, the victim gave birth to a child. The said allegation is denied by the petitioner.

On behalf of the informant, it has been submitted that DNA test of the child, in question, be conducted. Counsel for the petitioner has no objection for the same. The informant will be at liberty to file an application before the court below for getting DNA test of the child carried out, the cost of same will be paid by the petitioner. If any such application is filed on behalf of the informant, the court below will consider the same and pass a necessary order. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Ist Additional Sessions Judge-cumSpecial Judge, Sheohar in connection with Sheohar Mahila P.S. Case No. 33 of 2018.

(Sudhir Singh, J) A.K.V.//- U T