Golu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6545 of 2020 Arising Out of PS. Case No.-11 Year-2017 Thana- MAHILA P.S. District- Saran ====================================================== GOLU KUMAR Son of Lalan Rai Resident of Village - Bara Telpa, P.SChapra Town, District-Saran at Chapra. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jeetendra Narayan For the Opposite Party/s :

Mr.Rajeev Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) 07-09-2020 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 504, 506, 376 with 511 of the Indian Penal Code.

Allegation against the petitioner is to have outraged the modesty of informant and tried to commit rape upon her and also assaulted on her stomach although she carried pregnancy of three months.

It is submitted that petitioner is innocent and has falsely been implicated in this case. It is further submitted that people of the village wanted to disengage the mother of the informant

Patna High Court CR. MISC. No.6545 of 2020(3) dt.07-09-2020 2/3 from Aanganwadi Sevika and informant suspected that Golu (petitioner) was also hand in glove with them and due to this fact, petitioner has falsely been implicated in this case. Although there is allegation of assault but no injury report was found during investigation.

Petitioner has no criminal antecedent.

Considering the facts and circumstances of the present case, let petitioner, above named, in the event of arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on prearrest bail on furnishing bail bond of Rs. 20,000/- (twenty thousand only) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with Saran Mahila P.S. Case No. 11 of 2017, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure with following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable

Patna High Court CR. MISC. No.6545 of 2020(3) dt.07-09-2020 3/3 reason will be sufficient to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) Sanjay/- U T