Govind Singh @ Govind Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18249 of 2019 Arising Out of PS. Case No.-261 Year-2018 Thana- LALIT NARAYAN UNIVERSITY District- Darbhanga ====================================================== Govind Singh @ Govind Kumar Singh Son of Late Shivnath Singh Resident of Mohalla- Imlighat, Gullawara, P.S.- Town, District- Darbhanga ... ... Petitioner/s
Versus
THE STATE OF BIHAR Biar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pankaj Kumar Das For the Opposite Party/s :
Mrs.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-05-2019 Supplementary affidavit has been filed on behalf of the petitioner. Same be kept on the record.
Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. The petitioner seeks bail in a case registered under Sections 341, 323, 354, 509 of the Indian Penal Code and Sections 10/12 of POCSO Act.
Allegation is that on 04.11.2018 while the victim was at her home, petitioner came on scooty and handed over a letter in her hand in which dirty matters were written. The victim protested, upon which petitioner started molesting by catching her hand.
It has been submitted on behalf of the petitioner that
Patna High Court CR. MISC. No.18249 of 2019(3) dt.08-05-2019 2/3 the petitioner is in custody since 11.11.2018. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. Prior to institution of the present case, Town P.S. case No.158 of 2018 was instituted on 8.8.2011 for an offence under Section 366 of I.P.C. and other allied Sections. The statement of the victim girl of the present case was recorded under Section 164 of Cr.P.C. in the aforesaid case also. She had admitted in her statement that she had left house out of her own will and got married to the petitioner. Subsequently later on when she returned back, case was instituted under Section 354 of I.P.C. and other allied Sections on 04.11.
2018 and again in the present case her statement was recorded, where she has retracted from the earlier statement made under Section 164 of Cr.P.C. The petitioner claims that due to love affairs he had eloped with the victim. On behalf of the State and learned counsel for the informant, it is submitted that the petitioner is named in the F.I.R. and the petitioner had tried to misbehave with the victim. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.
Patna High Court CR. MISC. No.18249 of 2019(3) dt.08-05-2019 3/3 Sessions Judge-cum-Special Judge (POCSO Act), Darbhanga in connection with L.N.M.U. P.S. case No.261 of 2018, POCSO G.R. No.52 of 2018.
(Sudhir Singh, J) Narendra/- U T