Golu Sao v. The State Of Bihar

Patna High Court Cr.Misc. No.26128 of 2017 (3) dt.18-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26128 of 2017 Arising Out of PS.Case No. -38 Year- 2017 Thana -MAHILA P.S. District- NALANDA (BIHARSHARIFF) ====================================================== Golu Sao, Son of Mewa Sao, Resident of Village-Rupespur, P.S.-Harnaut, District-Nalanda.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rama Kant Sharma, Sr. Advocate. Mr. Lakshmi Kant Sharma, Advocate.

For the Opposite Party/s : Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 18-07-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Bihar Mahila P.S. Case No. 38 of 2017, registered under Section 354(B)/34 of the Indian Penal Code and Section 8 of the POCSO Act.

The accusation is that, on 04.03.2017, the informant had gone to attend the call of nature then petitioner and Bijay Choudhary caught hold her neck and started to drag her towards the ditch. When the informant raised alarm then Vijay Choudhary closed her mouth but anyhow she succeeded to raise alarm at that time villager Akash Mistri reached there but petitioner and Bijay

Patna High Court Cr.Misc. No.26128 of 2017 (3) dt.18-07-2017 Choudhary succeeded to flee away.

Learned counsel for the petitioner submits that, in fact, scuffle took place in between the petitioner and the brother of the informant due to that reason the present case has been lodged with false allegation. The witnesses, in paragraphs 14, 15, 16, 17 and 18, have stated the said facts. Akahs Mistry, who is said to reach at the place of occurrence, showed his ignorance about the occurrence. Further submission is that petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Ist Additional Sessions Judge-cumSpecial Judge, Nalanda, in connection with Bihar Mahila P.S. Case No. 38 of 2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T