Gulshan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4097 of 2023 Arising Out of PS. Case No.-11 Year-2021 Thana- TEGHRHA District- Begusarai ====================================================== GULSHAN KUMAR S/O HAREKRISHNA SINGH @ NUNU BABU SINGH, Resident of Village- Madhurapur Dakshin Tola, P.S.- Teghra, District- Begusarai.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Suneil Kumar Thakur For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 07-04-2023 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner is seeking regular bail in connection with POCSO Case No. 75 of 2021, arising out of Teghra P.S. Case No. 11 of 2021, registered for offence punishable under sections 364, 354B of the Indian Penal Code and Section 8 of the POCSO Act.

As per allegation, six accused persons named in the FIR dashed the bicycle of the informant, who is a minor girl and started making video clips when she fell done. They brought the informant to Malti village and they threatened to outrage her modesty and also commit her murder.

The learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.4097 of 2023(2) dt.07-04-2023 2/3 that the petitioner is a person of clean antecedent and he is innocent and on exactly similar footing, co-accused Aditya Kumar has been granted bail by a coordinate Bench of this Court in Cr. Misc. No. 36452 of 2021. The petitioner is under custody since 04.07.2022.

Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand rupees) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-IV-cumSpecial Judge POCSO Act, Begusarai in connection with POCSO Case No. 75 of 2021, arising out of Teghra P.S. Case No. 11 of 2021, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) At the time of furnishing bail bond, the petitioner shall file an affidavit to the effect that he shall not indulge himself in future in the similar type of offence. If it is found so, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the

Patna High Court CR. MISC. No.4097 of 2023(2) dt.07-04-2023 3/3 learned court below will take decision in accordance with law.

(Nawneet Kumar Pandey, J) Mahesh/- U T