Patna High CourtCR. MISC./26901/2024bail granted

Govind Kumar v. The State Of Bihar

2024-08-27Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26901 of 2024 Arising Out of PS. Case No.-94 Year-2023 Thana- NOKHA District- Rohtas ====================================================== Govind Kumar S/o Gayatri Chaudhary R/o vill - Sisirit Tola, P.S. - Nokha, Distt. - Rohtas ... ... Petitioner/s

Versus

The State of Bihar Bihar 2.

Nirankar Chaudhary S/o Antu Chaudhary R/o vill - Sisirit Tola, P.s. - Nokha, Distt. - Rohtas ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anand Kumar Ojha, Adv.

For the Opposite Party/s :

Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 27-08-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Nokha (Dharmpura) P.S. Case No. 94 of 2023 dated 15.04.2023 registered for the offences punishable u/ss 376 (DB), 504 of the Indian Penal Code, 4/6 of the POCSO Act and section 67(B) of the IT Act.

3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have committed rape on the informant's minor daughter and made the obscene video viral on social media.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.26901 of 2024(3) dt.27-08-2024 2/2 that the petitioner is innocent and has falsely been implicated in this case. There is a delay of 13 days in lodging the FIR. The victim in her cross-examination has not stated the name of the petitioner. It is further submitted that the medical report does not support the prosecution. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 05.04.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Rohtas at Sasaram in connection with Nokha (Dharmpura) P.S. Case No. 94 of 2023.

7. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T