Guddu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21877 of 2021 Arising Out of PS. Case No.-139 Year-2019 Thana- CHAKAND District- Gaya ====================================================== Guddu Kumar Son Of Shyam Sundar Manjhi R/O Village- Chamandih, P.S.- Chakand, District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-07-2021 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard both parties.

The petitioner seeks bail in Chakand P.S. Case No. 139 of 2019, registered for the offence punishable under Sections 354, 504, 34 of the Indian Penal Code and section 12 of the POCSO Act.

As per the prosecution case, this petitioner along with three other accused persons came at the house of informant and tried to outrage her modesty.

It is submitted on behalf of the petitioner that petitioner has falsely been implicated in this case. In fact, on the alleged date of occurrence, when the petitioner was passing near

Patna High Court CR. MISC. No.21877 of 2021(2) dt.15-07-2021 2/2 the house of informant, informant and her family members used filthy language against the petitioner and due to that scuffle took place between the parties. Petitioner is having clean antecedent and he is in custody since 07.11.2019.

Considering the facts and circumstances of the case, the petitioner above-named, is directed to 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 learned Special Judge (POCSO Act), Gaya in connection with Chakand P.S. Case No. 139 of 2019, subject to following conditions:- (i) The 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 in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) 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. (Prabhat Kumar Singh, J) vinita/- U T