Golu Yadav @ Abhishek Kumar @ Golu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8368 of 2024 Arising Out of PS. Case No.-236 Year-2023 Thana- BUXAR MUFFSIL District- Buxar ====================================================== Golu Yadav @ Abhishek Kumar @ Golu Kumar S/O Ashok Gope @ Ashok Kumar Yadav R/O Village- Ismailpur, P.S- Buxar (M), Distt.- Buxar. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arun Kumar Gupta, Adv.
For the Opposite Party/s :
Mrs.Usha Kumari 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 19-02-2024
1. Heard learned counsel for the petitioner and learned APP for the State.
2. Petitioner seeks regular bail in connection with POCSO Case No. 109/2023 arising out of Buxar (Mufassil) P.S. Case No. 236/2023 dated 20.05.2023 registered for the offences punishable under Sections 341, 323, 354A, 504 read with Section 34 of the Indian Penal Code and Sections 3(i)(r)(s) and 3(2)(va) of the SC/ST (POA) Act and Sections 8 and 10 of the POCSO Act.
3. The main submissions advanced by learned counsel for the petitioner are that the petitioner is a young person, in the FIR there is no any specific allegation against him, the allegation of causing injury to the informant by means of a knife is against co-accused Modi Ansari and the petitioner has been languishing in jail since 26.10.2023. Further
Patna High Court CR. MISC. No.8368 of 2024(2) dt.19-02-2024 2/2 submissions are that in the instant matter, informant and her husband is said to have sustained injuries but their injuries have been opined to be simple in nature by the doctor concerned and one co-accused Modi Ansari, carrying more serious allegation than this petitioner, has been granted bail by the co-ordinate Bench of this Court vide order passed in Cr. Misc. No. 77956 of 2023.
4. Learned APP appearing for the State has opposed the prayer for bail of the petitioner.
5. Considering the above submissions and mainly the nature of allegation appearing against this petitioner and also the privilege of bail having been granted by the co-ordinate Bench of this Court to co-accused Modi Ansari who is carrying more serious allegation than this petitioner, this Court is inclined to accept the prayer for bail of the petitioner. Accordingly, let the petitioner named-above be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with POCSO Case No. 109/2023 arising out of Buxar (Mufassil) P.S. Case No. 236/2023.
(Shailendra Singh, J) Maynaz/- U T