Golu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14949 of 2021 Arising Out of PS. Case No.-281 Year-2020 Thana- MAHUA District- Vaishali ====================================================== GOLU KUMAR Son of Panchu Rai, Resident of Village - Mahua Singh Rai, P.S.- Mahua, District - Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhola Prasad, Adv.

For the Opposite Party/s :

Mr.Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-10-2021 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 376, 511 of the Indian Penal Code and later on added Sections 341, 354(b), 504 of the Indian Penal Code and Section 8 of the POCSO Act.

As per FIR, it is alleged that the Natni Anshu Priya of the informant was sleeping with the informant and about 3.00 pm she went to natural call back side of the house where the petitioner present who caught hold her and wanted to commit legal act but the informant anyhow saw him as such the present case.

Patna High Court CR. MISC. No.14949 of 2021(3) dt.04-10-2021 2/3 Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that the charge sheet has been submitted in this case, which is mentioned in paragraph 79 of the case diary under Section 341, 354(b) and 504 of the Indian Penal Code and Section 8 of the POCSO Act. As a matter of fact that there is dispute existing between the parties as he advanced rupees one thousand for getting for his field irrigated but the informant family did not irrigate the same and on the raid issue there was a hot talk between the parties which caused present implication of the petitioner. The petitioner is languishing in judicial custody since 20.09.2020. The petitioner has got one criminal antecedent which is mentioned in para 3 of the bail petition.

Learned APP for the State vehemently opposed the prayer for bail application and submits that the victim has supported the prosecution case in statement of victim recorded under Section 164 Cr.P.C.

Considering the aforesaid facts and circumstances of the case that the charge sheet has been submitted under Section 341, 354(b) and 504 of the Indian Penal Code and Section 8 of the POCSO Act, let the petitioner, above named, be released on

Patna High Court CR. MISC. No.14949 of 2021(3) dt.04-10-2021 3/3 bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each in connection with Mahua P.S. Case No. 281/2020 to the satisfaction of learned Court below where the case is pending/ successor Court.

(Anjani Kumar Sharan, J) amitkumar/- U T