Gulshan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18847 of 2023 Arising Out of PS. Case No.-226 Year-2022 Thana- KHAGARIA District- Khagaria ====================================================== GULSHAN KUMAR SON OF SUNIL KUMAR SINGH R/O VILL.- BHADAS, P.S.- MUFFASIL, DISTT.- KHAGARIA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jai Kishor Poddar, Adv.

For the Opposite Party/s :

Mr.Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-07-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 366(A), 370(A), 372, 120(B)/34 of the IPC read with u/s 4(2) of POCSO Act.

Allegation against the petitioner is that he along with one Sonu Kumar committed rape upon the minor daughter of the informant. It is further alleged that petitioner and Sonu Kumar sold the victim girl as part of human trafficking in Kolkata. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and

Patna High Court CR. MISC. No.18847 of 2023(4) dt.11-07-2023 2/2 omnibus in nature. It is submitted that after investigation, police has filed final form against the petitioner but the Court below differing with the same, took cognizance against the petitioner. Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Khagaria Muffasil P.S. Case No.226 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T