Sonu Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29596 of 2024 Arising Out of PS. Case No.-817 Year-2023 Thana- FATUA District- Patna ====================================================== Sonu Gupta, son of Shankar Sao Village- Bankipur Gorakh Ps- Fatuha DistPatna ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Sakshi Kumari D/o Sonu Gupta R/o Bankipur Gorakh, P.S. - Fatuha, Distt. Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shashi Kant For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 31-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner seeks regular bail in connection with Special POCSO Case No. 288 of 2023, arising out of Fatuha P.S. Case No. 817 of 2023 dated 05.11.2023, registered under Sections 354/354A/376/511 and 506 of the Indian Penal Code and section 8/12 of the POCSO Act.

3.

As per the prosecution case, the petitioner is the father of the alleged victim girl who has tried to commit rape with her.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. There

Patna High Court CR. MISC. No.29596 of 2024(3) dt.31-07-2024 2/2 is a delay of six days in lodging the F.I.R. and there is no plausible explanation for the same. The petitioner has no criminal antecedent and he is in custody since 07.11.2023. 5.

Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the prayer for bail. 6.

Considering the facts and circumstances of the case and also period of custody, this bail application is allowed. 7.

Let the petitioner above named, be granted bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions JudgeVII-cum-Exclusive Special Court (POCSO Act), Patna in connection with Special POCSO Case No. 288 of 2023, arising out of Fatuha P.S. Case No. 817 of 2023, subject to the condition that the petitioner shall cooperate in the trial and shall be represented through his lawyer or himself. (Sandeep Kumar, J) Ranjeet/- U T