Golu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36109 of 2023 Arising Out of PS. Case No.-222 Year-2022 Thana- RAJAOLI District- Nawada ====================================================== GOLU KUMAR Son of Late Rajesh Rajvanshi @ Suresh Rajvanshi Resident of Village - Mahthadih (Mathadih), P.S.- Rajauli, District - Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Deepak Kumar For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for regular bail has been filed by the petitioner registered for the offence punishable under Sections 341, 342, 323, 325, 222, 376(D), 506,34 of the Indian Penal Code and Section 4 and 6 of the POCSO Act.

3. Allegation against the petitioner is of trying to outrage the modesty and assaulting the informant/victim.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Victim was medically examined on same day and in medical report, no evidence of sexual assault was found and doctor has opined the nature of injury as simple. Statement of the victim girl was recorded u/s 164 Cr.P.C. in

Patna High Court CR. MISC. No.36109 of 2023(3) dt.01-08-2023 2/2 which she made specific allegation of committing rape is against co-accused Chandan Kumar. She has not whispered against the petitioner for any overt act. The role of the petitioner was assigned only as an accomplish. Petitioner is languishing in judicial custody since 22/5/2022.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge 1st, Nawada in connection with Rajauli PS Case No. 222 of 2022.

(Sunil Kumar Panwar, J) sushma/- U