Golu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15249 of 2021 Arising Out of PS. Case No.-190 Year-2020 Thana- NATHNAGAR District- Bhagalpur ====================================================== GOLU KUMAR S/O Shekhar Yadav Resident of Khanjarpur, Maharaj Ghat, P.S. - Barari, Dist. Bhagalpur.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mrs. Anita Kumari Singh For the Opposite Party/s :

Mr. Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-10-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 399, 402, 370 & 370A/34 of the Indian Penal Code, Section 25 (1-b)a, 26 and 35 of the Arms Act and Sections 5, 6, 7 & 8 of the Immoral Traffic Prevention Act, 1956 As per the prosecution case, while the police party was on patrolling duty they got information that some accused persons have assembled along with one girl for immoral and illegal purpose in the house of Natwar Sah. They reached near the house and found that two-three persons, who were standing near the Maruti Zen escaped after seeing them and one girl was found on the back seat of the car with whom, one person was

Patna High Court CR. MISC. No.15249 of 2021(3) dt.21-10-2021 2/3 doing physical act and who was apprehended. The said person disclosed his name Natwar Sah and after search arms were also recovered from his possession. The said girl disclosed that she brought here by Deepak Sah and Dheeraj Kumar after alluring with Rs.1000/-. The said girl also stated that both Deepak and Dheeraj did intercourse with her and Natwar Sah forcefully did intercourse with her. During search of house, Dheeraj Kumar and Golu Kumar were apprehended and from their possession arms were recovered.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He is quite innocent and has been falsely implicated in this case. No incriminating article has been recovered from his conscious physical possession. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The petitioner has no criminal antecedent and has been languishing in custody since 22.03.2020.

Learned APP for the State opposed the bail petition.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two

Patna High Court CR. MISC. No.15249 of 2021(3) dt.21-10-2021 3/3 sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with POCSO Case No.70 of 2020, arising out of Nathnagar P.S. Case No.190 of 2020.

(Anjani Kumar Sharan, J.) Trivedi/- U T