Gaurav Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8781 of 2022 Arising Out of PS. Case No.-288 Year-2021 Thana- LAURIA District- West Champaran ====================================================== Gaurav Kumar Son Of Late Swaminath Thakur R/O Village- Belwa, P.S.- Lauriya, District- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Brij Kishor Mishra, Advocate For the Opposite Party/s :
Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 29-06-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.
Let the defect (s), as pointed out by the office, be removed within a period of four weeks from today. The petitioner seeks regular bail in connection with Lauriya P.S. Case No. 288 of 2021 instituted for the offences punishable under Sections 346, 363, 366(A), 370(A), 372, 373, 354, 504, 506 and 34 of the Indian Penal Code, Section 3, 4, 5, 6, 7 and 8 of Human Trafficking Act, Sections 8, 12 and 17 of the Protection of Children from Sexual Offences Act and Section 75 of J.J. Act.
Learned counsel for the petitioner submits that the petitioner is in custody since 19.11.2021, is a person with clean antecedent and charge-sheet has been submitted in the case.
Patna High Court CR. MISC. No.8781 of 2022(2) dt.29-06-2022 2/3 The prosecution case is that the petitioner and other co-accused persons were using two minor girls for wrongful purpose.
Learned counsel for the petitioner submits that the petitioner is a staff of orchestra musical group being run by Ranjeet Sharma, one of the co-accused and petitioner is the only helper in the said musical group. It is further submitted that both the victim girls have recorded their statement under Section 164 Cr.P.C. where they have not stated anything about any wrongful act being done by the petitioner. The so-called victims work in orchestra and there is no evidence of any sexual assault or made physical relationship by co-accused persons. It is further submitted that similarly situated persons namely, Niranjan Barman and Ranjeet Sharma have been granted bail by a Coordinate Bench of this Court vide order dated 13.06.2022 passed in Cr. Misc. No. 5681 of 2022 and order dated 13.06.2022 passed in Cr. Misc. No. 6296 of 2022 respectively. Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.
Considering the fact that the petitioner is in custody since 19.11.2021 and charge-sheet has been submitted in the case, let the petitioner above named be released on bail on
Patna High Court CR. MISC. No.8781 of 2022(2) dt.29-06-2022 3/3 furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-7thcum-Special Judge, (POCSO), Bettiah, West Champaran in connection with Lauriya P.S. Case No. 288 of 2021. (Khatim Reza, J) Gaurav Kumar/Annpurna - U T