Sonu @ Sam @ Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28965 of 2021 Arising Out of PS. Case No.-651 Year-2019 Thana- ALAMGANJ District- Patna ====================================================== SONU @ SAM @ SONU KUMAR S/o Sri Babloo Singh R/o MohallaBajrangpuri, Biscoman Colony, Dhanuki, P.S.- Alamganj, Distt- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Tujabh Singh, Advocate For the Opposite Party/s :

Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 23-12-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 376, 511 and 34 of the Indian Penal Code and sections 8 and 12 of the POCSO Act.

As per the prosecution case, the two brothers, namely, Golu Kumar and the petitioner herein are stated to have attempted to commit rape on the informant.

At the outset, it is submitted by learned counsel for the petitioner that a typographical error has occurred in paragraph 1 of the petition wherein sections 8 and 12 of the POCSO Act has not been mentioned.

On merits, it is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the

Patna High Court CR. MISC. No.28965 of 2021(3) dt.23-12-2021 2/2 case. The petitioner is in custody since 12.1.2021 and chargesheet has been submitted in the case. The case of the petitioner stands on a similar footing to that of co-accused Golu Kumar who has been enlarged on bail vide order dated 17.1.2020 (Annexure-2) passed in Cr. Misc. No. 86252 of 2019. Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, the petitioner having remained in custody for 11 months and grant of bail to co-accused Golu Kumar, the petitioner is directed to be enlarged on bail in connection with Spl (POCSO) 172 (A) of 2019 (arising out of Alamganj P.S. Case no. 651 of 2019) on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. District & Sessions Judge VII - cum - Exclusive Special Court (POCSO) Act, Patna.

(Partha Sarthy, J) Spd/- U T