Gautam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24889 of 2019 Arising Out of PS. Case No.-8 Year-2018 Thana- GHOSWARI District- Patna ====================================================== Gautam Kumar, Son of Ram Parvesh Yadav, Resident of Village - Gosaigoan, P.s.- Goswari, Distt.- Patna.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Lakshmi Kant Sharma, Advocate For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-05-2019 Petitioner seeks regular bail in connection with Goswari P.S. Case No.08 of 2018 registered for the offence punishable under Section 376, 312 of IPC, Section 3⁄4 of Dowry Prohibition Act and Section 6 of POCSO Act.

Allegation as per F.I.R. against the petitioner is of having sexual intercourse with the informant on the pretext of marriage.

Submission of the learned counsel for the petitioner is that report of medical disclosed that her age between 17 to 19 years and the allegation and the petitioner has no criminal antecedent and he is in custody since 13.09.2018. Further submission is that charge sheet has already been submitted as such, there is no chance of tampering with the evidence. Heard learned A.P.P. also who has opposed the prayer

Patna High Court CR. MISC. No.24889 of 2019(3) dt.22-05-2019 2/2 for bail on the ground that trial has commenced and the case is before the Special Judge, POCSO Act.

Having heard both sides, in view of the facts and circumstances, as stated above, let the petitioner above named, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of learned Additional Sessions JudgeI-cum-Special Judge, POCSO Act, Patna, in connection with Goswari P.S. Case No.08 of 2018, Special Case No.198 of 2018, subject to the condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the court concerned with the condition that he is to appear before the trial court as and when required, otherwise the bail bonds shall be cancelled.

(Vinod Kumar Sinha, J) sunil/- U T