Gautam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33373 of 2024 Arising Out of PS. Case No.-466 Year-2023 Thana- NOORSARAI District- Nalanda ====================================================== Gautam Kumar SON OF NARESH PRASAD YADAV VILLAGEKOKLAKCHAK PS -NOORSARAI DISTRICT- NALANDA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Sinha For the Opposite Party/s :

Mr. Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-07-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Noorsarai P.S. Case No. 466 of 2023 registered for the offences punishable under Sections 341, 323, 354, 504 and 506 of the Indian Penal Code read with Sections 8 and 12 of the POCSO Act.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and has been falsely implicated in the instant case by the informant who alleges that while she was going to the coaching center when the petitioner followed and acted inappropriately with her and pulled her dupatta and even slapped her and when she raised alarm, the teachers and guard came and rescued her, further the petitioner also took photographs of the informant on way to her coaching and used to threaten her.

Patna High Court CR. MISC. No.33373 of 2024(3) dt.26-07-2024 2/2

4. The learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case. It is further submitted that petitioner and the informant are known to each other as informant resides with her maternal grandmother and the petitioner also resides in the same village. It is further submitted that since petitioner belongs to the same village of her maternal grandmother why the petitioner would indulge in such an act.

5. Learned A.P.P. for the State opposes the prayer for regular bail of the petitioner and submits that the informant is a minor and alleges that petitioner acted inappropriately with her and also used to threaten her.

6. At this stage, the learned counsel appearing on behalf of the petitioner, realizing his difficulty, seeks permission to withdraw the instant regular bail application with liberty to renew his prayer for bail after framing of charge.

7. Accordingly, the instant regular bail application stands dismissed as withdrawn with the liberty aforesaid. (Satyavrat Verma, J) Rishabh/- U T