Gopal Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.3661 of 2019 Arising Out of PS. Case No.-241 Year-2018 Thana- CHAKIA District- East Champaran ====================================================== Gopal Kumar son of Rajendra Thakur R/o Village - Gawandri , Bulachak, P.S. - Chakia, District- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Fakhruddin Ali Ahmad For the Opposite Party/s :
Mr.Ajay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 30-01-2019 Heard learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks bail in Chakiya P.S. case no. 241 of 2018 instituted for the offence under Sections 341, 323, 354 and 506 of the IPC and Section 8/10 of the POCSO Act. Learned counsel for petitioner submits that there is general and omnibus allegation in the written report that this petitioner along with co-accused Bhuar Kumar carried her towards Maize field and attempted to outrage her modesty. The victim girl has given her statement U/s 164 Cr. P C. which is annexed as Annexure-2 to bail petition, wherein, she has narrated different story. In her statement recorded U/s 164 Cr.P.C., she has levelled general and omnibus allegation against this petitioner that he pressed her mouth. She has
Patna High Court Cr.Misc. No.3661 of 2019(2) dt.30-01-2019 2/2 levelled specific allegation against co- accused Bhuar of committing illegal with her.
Petitioner is in custody since 26.09 .2018 having no criminal antecedent.
Considering the aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of 1st Addl. Sessions Judge-cum-Special Judge, East Champaran, Motihari in connection with Chakiya P.S. case no. 241 of 2018 subject to the condition that both the bailors shall be the close relative of the petitioner. (Sanjay Priya, J) shyambihari/mu keshU T