Gopal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8948 of 2019 Arising Out of PS. Case No.-192 Year-2018 Thana- SINGHESHWAR District- Madhepura ====================================================== GOPAL KUMAR, aged about 25 years, Gender, Male, Son of Sachendra Yadav, Resident of Village - Lalpur Saropatti, Police Station, Singheshwar, District, Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gajendra Kumar Jha For the Opposite Party/s :

Mr.Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 28-02-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Singheshwar P.S. Case No. 192 of 2018 registered for the offence punishable under Sections 363/511 of the Indian Penal Code, Section 8 of the POCSO Act Informant has alleged that on 12.07.2018 at about 10 p.m., while her daughter went out of her shop to attend the call of nature, the petitioner and other co-accused caught hold of her and took towards nearby riverside by closing her mouth, but, fortunately an old person saw them in torch light, and raised alarm and thereafter the villagers caught hold both the boys.

Patna High Court CR. MISC. No.8948 of 2019(2) dt.28-02-2019 2/3 It has been submitted on behalf of the petitioner that he is innocent and has falsely been implicated in this case. It has further been submitted that petitioner has been roped in this case due to personal grudge. Petitioner has no criminal antecedent and he is in custody since 15.07.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Special Judge, POCSO Act, Madhepura in connection with POCSO Case No.20 of 2018 arising out of Singheshwar P.S. Case No. 192 of 2018, 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 properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(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

Patna High Court CR. MISC. No.8948 of 2019(2) dt.28-02-2019 3/3 bail of the petitioner.

(S. Kumar, J) Sanjay/- U T