Guddu Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12158 of 2020 Arising Out of PS. Case No.-10 Year-2020 Thana- SHERGHATI District- Gaya ====================================================== GUDDU KHAN S/o Munna Khan Resident of Village- Kajii Mohalla, P.S.- Sherghati, Distt- Gaya.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manish Kumar No2 For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 08-06-2020 The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence. Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in a case registered for the offence punishable under Sections 354(B) of the I.P.C. and Section 8/10 of POCSO Act.

Informant Ruby Kumari, who is the victim has alleged in her written complaint that while she alognwith her three friends were going to Sherghati to attend coaching classes, meanwhile a bike rider started teasing them and tried to allure showing her by money and mobile and also tried to drag her on motorcycle. On alarm being raised by her, some labourers

Patna High Court CR. MISC. No.12158 of 2020(4) dt.08-06-2020 2/3 reached there and caught hold and assaulted him, who disclosed his name as petitioner.

It has been submitted on behalf of petitioner that he is innocent and has been falsely implicated in this case. It has been further submitted that a minor accident was took place while informant was crossing the road and some altercation took place between them due to which he has been implicated in this case. Petitioner has no criminal antecedent and is in custody since 10.01.2020.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned court below, in connection with Sherghati P.S. Case No. 10 of 2020 subject to the conditions that:-

(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

Patna High Court CR. MISC. No.12158 of 2020(4) dt.08-06-2020 3/3 by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty 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) veena/rajivU T