Golu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3781 of 2019 Arising Out of PS. Case No.-157 Year-2018 Thana- MUFFASIL District- West Champaran ====================================================== Golu Kumar, aged about 20 years Male, son of Chandan Ram, resident of mohalla Ambedkar Colony Baswariya ward No. 31 Police Station- Bettiah Town, District West Champaran.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Brij Kishor Mishra For the Opposite Party/s :

Mr. D.Mehta(APP-157) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 29-03-2019 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Sections 363, 366-A/34 of the Indian Penal Code and Section 8 of the POCSO Act.

The victim was recovered by the police from Station Chowk as it is evident from perusal of para 26 of the case diary. However, the victim in her statement recorded under Section 164 of the Cr.P.C. claims that while she was confined in a house, her brother Bholu on her call came there and brought her before the police. The victim also claims that petitioner and two others had kidnapped and had made captive her in the house of an old woman.

Patna High Court CR. MISC. No.3781 of 2019(3) dt.29-03-2019 2/2 Submission on behalf of the petitioner is that as a matter of fact, the victim was in love with Badal Yadav and she had herself eloped along with aforesaid Badal Yadav but subsequently, under the pressure of her family members she gave false statement under Section 164 of the Cr.P.C. Considering the aforesaid facts and circumstances as well as submissions of the parties, 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 Additional Sessions Judge 1st cum Special Judge, Bettiah, West Champaran in connection with S.G.R. No. 43 of 2018 arising out of Bettiah Mufassil P.S. Case No. 157 of 2018.

(Hemant Kumar Srivastava, J) shahzad/- U T