Rahul Kumar @ Rahul Bhuiyan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15658 of 2022 Arising Out of PS. Case No.-139 Year-2019 Thana- CHAKAND District- Gaya ====================================================== Rahul Kumar @ Rahul Bhuiyan Son Of Chuha Bhagar @ Rohit Bhuiyan Resident Of Vill- Chamandih, P.S- Chakand, Dist- Gaya At Present Residing Near Sarkari Hospital, Indra Aavaas, Bhagatdih, Bera, Dhansar, DistDhanbad ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Gajendra Kumar Singh, Advocate For the Opposite Party/s :
Mr.Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 11-07-2022 Heard the parties.
The petitioner has moved before this Court in connection with Chakand P.S. Case No. 139 of 2019 under sections 354, 504, 34 of the Indian Penal Code and Section 12 of the POCSO Act.
The allegation against the petitioner along with other co-accused is/are that the accused persons came to the house of the informant and tried to tease her and when she raised alarm, they left the place. She has further alleged that they regularly teased her and she fed up with the attitude of the accused persons.
Learned counsel for the petitioner submits that for the said misdeed he has already suffered by being in jail since
Patna High Court CR. MISC. No.15658 of 2022(2) dt.11-07-2022 2/3 23.2.2022 as stated in para-14 of the bail application. He has further attributed an order of a coordinate bench of this Court vide Cr. Misc. No. 21877 of 2021 dated 15.7.2021 by which one of the co-accused, Guddu Kumar has been granted the privilege of bail.
Taking into account the aforesaid fact, this Court is inclined to grant him the privilege of bail. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Special Judge (POCSO Act), Gaya, in connection with POCSO Case No. 14 of 2020 arising out of Chakand P.S. Case No. 139 of 2019 subject to the following conditions:
(i) one of the bailors should be the family members of the petitioner, who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reasons will entail his cancellation of bail by the Trial Court itself;
(iii) he shall appear before the concerned police station every fortnight for next six months to mark his
Patna High Court CR. MISC. No.15658 of 2022(2) dt.11-07-2022 3/3 presence;
(iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. With the aforesaid observations, the bail application is allowed.
(Rajiv Roy, J) Ravi/- U T