Dharmendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35998 of 2018 Arising Out of PS. Case No.-71 Year-2017 Thana- SAHIYARA District- Sitamarhi ====================================================== Dharmendra Kumar, S/o Shambhu Mahto, Resident of Village- Matiyar Kala, P.S.- Sahiyara, District- Sitamarhi.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Uday Kumar For the Opposite Party/s :

Mr. Sri Rajendra Singh Shastriji ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 23-08-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner, who is in custody, seeks bail in connection with Sahiyara P.S. Case No. 71 of 2017 registered for the offence punishable under Sections 376, 504, 506, 34 of the Indian Penal Code and 4/6 of the POCSO Act.

Informant is the father of victim, who in his written complaint has stated that petitioner had established physical relation with his daughter and on false promise that he will marry her and she became pregnant and was carrying pregnancy of six months but he refused to marry. It has been submitted on behalf of the petitioner that allegations are false and baseless. Date of birth of victim as

Patna High Court Cr.Misc. No.35998 of 2018(3) dt.23-08-2018 2/2 per S.L.C. is 20.12.2000. No offence under Section 376 is made out. Petitioner has no criminal antecedent and he is in custody since 08.07.2017.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J., 1st Sitamarhi, District- Sitamarhi, in connection with Sahiyara P.S. Case No. 71 of 2017.

(S. Kumar, J) veena/- U T