Gunjan Singh @ Gunjan Kr. Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1131 of 2022 Arising Out of PS. Case No.-9 Year-2021 Thana- KATORIYA District- Banka ====================================================== Gunjan Singh @ Gunjan Kr. Singh Son Of Anil Singh @ Anil Kumar Singh Resident Of Village- Kurawa, P.S.- Katoriya, District- Banka. ... ... Appellant/S

Versus

1.

The State Of Bihar 2.

Dilip Das Son Of Yadu Das Village- Haripur, P.S.- Katoriya, District- Banka ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Ajay Mukherjee For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-12-2022 Heard learned counsel appearing on behalf of appellant and Spl.P.P.

This appeal has been against the order dated 08.03.2022 passed by learned Additional Sessions Judge 1stcum-Special Judge SC/ST (POA) Act, Banka in connection with Katoriya P.S. Case No. 09 of 2021, registered under Sections 366(A)/34 of the Indian Penal Code, Sections 3(i)(r)(s) and other allied sections of the SC/ST Act and Sections 4 and 8 of POCSO Act whereby the prayer for anticipatory bail of appellant has been rejected.

It is submitted on behalf of appellant that charge has already been framed. Three witnesses have been examined including the informant and the victim girl and they have not

Patna High Court CR. APP (SJ) No.1131 of 2022(4) dt.07-12-2022 2/2 supported the prosecution case. Appellant is in custody since 21.01.2021.

Considering the period of custody and witnesses' submissions, let the appellant, as named above, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge-cumSpecial Judge, POCSO, Banka in connection with Katoriya P.S. Case No. 09 of 2021.

Accordingly, the impugned order, is set aside and the criminal appeal is allowed.

(Prabhat Kumar Singh, J) Navya/- U T