Patna High CourtCR. MISC./32714/2023bail granted

Golu Kumar @ Bangali v. The State Of Bihar

2023-07-05Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32714 of 2023 Arising Out of PS. Case No.-379 Year-2022 Thana- MAKHDUMPUR District- Jehanabad ====================================================== GOLU KUMAR @ BANGALI, Male, age about 22 years, SON OF BALMIKI SHARMA, R/O- village, PALEYA, P.S.-MAKHDUMPUR, DISTT.-JEHANABAD ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amrendra Kumar Singh, Advocate For the Opposite Party/s :

Mr.Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 05-07-2023

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Special POCSO Case No.64 of 2022 arising out of Makhdumpur P.S. Case No. 379 of 2022 dated 25.06.2022 registered for the offence(s) punishable under Section(s) 363, 366(A), 376 of the Indian Penal Code and Section 4/8 of the POCSO Act.

3. The main submissions advanced by the learned counsel for the petitioner are that the allegations levelled against the petitioner in the FIR are completely false, in fact the so-called victim married the petitioner according to her own free will and she has been recovered and she recorded her statement under Section 164 of Cr.P.C. in which she accepted her matrimonial relationship with this petitioner and also stated that she wants to live with this petitioner. Further submissions

Patna High Court CR. MISC. No.32714 of 2023(2) dt.05-07-2023 2/2 are that the investigation has been completed against the petitioner in the present matter, trial of the petitioner has started and charges have been framed upon him, he has been languishing in jail since 20.07.2022 and he is a very young person.

4. Learned APP appearing for the State opposes the bail prayer.

5. Considering the above submissions and mainly the petitioner's young age, his custody period and also the fact that the petitioner's trial has started as appears from the order impugned and the so-called victim has also been examined in his trial, in my opinion, it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be enlarged on bail in connection with Special POCSO Case No.64 of 2022 arising out of Makhdumpur P.S. Case No. 379 of 2022 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned.

(Shailendra Singh, J) Sanjay/- U T