Golu Poddar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23084 of 2023 Arising Out of PS. Case No.-2638 Year-2019 Thana- KATIHAR COMPLAINT CASE District- Katihar ====================================================== GOLU PODDAR S/O LATE MANGANI PODDAR Resident of VillageMakhdampur, P.S.- Korha, District- Katihar. ... ... Petitioner/s

Versus

1.

The State of Bihar BIHAR 2.

REKHA DEVI W/O LATE SUDHIR TATMA R/v Makhdumpur P.S.- Korha, District- Katihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar Singh For the Opposite Party/s :

Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner has preferred this application for grant of regular bail in connection with Complaint Case No. 2638 of 2019 registered for the offences punishable u/s 323, 376, 379 of the Indian Penal Code.

As per the prosecution case, the allegation against the petitioner is of attempting to commit rape on the minor daughter of the informant. Later, the allegation against the petitioner is of

Patna High Court CR. MISC. No.23084 of 2023(2) dt.23-05-2023 2/2 abusing and taking away her golden chain.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Learned Counsel has further submitted that earlier the mother of the victim girl had also lodged a case against the father of the petitioner in which the final form has been submitted stating the case to be false. The petitioner has got clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 24.02.2023.

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

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, Katihar in connection with CA Case No. 2638 of 2019.

The application stands allowed.

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