Surajdeo Kumar@ Suryadeo Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35370 of 2020 Arising Out of PS. Case No.-10 Year-2020 Thana- ARWAL MAHILA District- Jehanabad ====================================================== SURAJDEO KUMAR @ SURYADEO KUMAR, aged about 24 years (M), Son of Rajendra Chaudhary, resident of Village- Hasanpur, P.S. and DistrictArwal. ... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Paras Nath, Advocate For the Opposite Party/s :

Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 08-04-2021 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking regular bail in connection with Special Case No. 23 of 2020 (POCSO), arising out of Arwal Mahila P.S. Case No. 10 of 2020, registered for the offence under Sections 376 and 506 of the Indian Penal Code and under Section 4 of the POCSO Act.

An F.I.R. has been lodged under the signature of the victim, drafted by his father, wherein allegation has been made that on the assurance of marriage, the petitioner entered into the physical relationship with the victim. It has also been alleged that on 08.01.2020, the petitioner took the victim to Hydrabad on the assurance of marriage and made physical

Patna High Court CR. MISC. No.35370 of 2020(8) dt.08-04-2021 2/2 relationship with her for five days and thereafter dropped the victim to her village.

Learned counsel for the petitioner submits that the victim girl has been examined but, she denied the allegation made against the petitioner and stated that the present case has been lodged on account of dispute of drainage. He further submits that the petitioner is in jail since 24.07.2020. Considering the aforesaid fact, let the petitioner, above-named, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-VI-cum-Special Judge, POCSO, Jehanabad, in connection with Special Case No. 23 of 2020, arising out of Arwal Mahila P.S. Case No. 10 of 2020, subject to the condition that the petitioner would cooperate in the proceeding of the court below. In the event of failure to appear on two consecutive dates, the court below will be at liberty to pass appropriate order including cancellation of bail bonds of the petitioner. (Shivaji Pandey, J) pawan/- U T