Gautam Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37434 of 2025 Arising Out of PS. Case No.-10 Year-2025 Thana- MAINATAND District- West Champaran ====================================================== Gautam Kumar, S/O- Sanjay Sah, resident of Village- Sukhlahi, PsMainatand, Dist- West Champaran ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Madhuri Devi W/o- Bikau Sah Village- Sukhlahi Ps- Mainatand Dist- West Champaran ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sarvesh Kashyap, Advocate For the State :
Mr. Zainul Abedin, APP For the Informant :
Mr. Gautam Raja, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 18-06-2025 Heard learned counsel for the petitioner. learned A.P.P. for the State and learned counsel for the informant.
2. The petitioner seeks bail in connection with Mainatand P.S. Case No. 10 of 2025 dated 22.01.2025 instituted for the offence punishable under Sections 74, 75, 352, 3(5) of Bhartiya Nyaya Sanhita, 2023 and Section 8, 12 of the POCSO Act.
3. The allegation against the petitioner and other accused persons is that they molested the daughter of the informant when she had gone to field for plucking Saag.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this
Patna High Court CR. MISC. No.37434 of 2025(2) dt.18-06-2025 2/3 case. Learned counsel for the petitioner submits that there is discrepancy in the written report as also in the statement of the victim recorded under Section 183 of B.N.S.S. There is no specific allegation against the petitioner rather the allegation against the petitioner is general and omnibus. Both the sides are neighbour. Learned counsel for the petitioner further submits that the matter has been amicably settled between both the parties and they do not want to pursue the case. Lastly, it has been submitted that the petitioner is in custody since 27.03.2025 having no criminal antecedents. Charge-sheet has been submitted in the case.
5. Learned A.P.P. for the State opposed the prayer for bail of the petitioner. Learned counsel for the informant appeared suo-moto in this case and submitted that the matter has been settled between both the parties. Now, there is no grievance against the petitioner and he has also no objection if the petitioner is released on bail.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned District and Additional
Patna High Court CR. MISC. No.37434 of 2025(2) dt.18-06-2025 3/3 Sessions Judge- VIIth cum Special Judge POCSO, Bettiah, West Champaran in connection with Mainatand P.S. Case No. 10 of 2025.
(Khatim Reza, J) premchand/- U T