Golu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36875 of 2016 Arising Out of PS.Case No. -110 Year- 2016 Thana -TEGHRA District- BEGUSARAI ====================================================== Golu Kumar, son of Pramod Singh, resident of Village-Flag, P.S.- Teghra, District- Begusarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raj Kumar Sinha, Advocate For the Opposite Party/s : Smt. Renuka Ratnakar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 14-09-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Teghra P.S. Case No. 110 of 2016, disclosing offences under Sections 363 and 366A of the Indian Penal Code. The petitioner is not named in the First Information Report.

Learned counsel appearing on behalf of the petitioner has submitted that the petitioner's name surfaced in the statement of the victim, recorded under Section 164 of the Code of Criminal Procedure. He contends that though there is an allegation against the petitioner of fetching the victim soft drink (sprite) whereafter she became unconscious, there is no other allegation of criminal

Patna High Court Cr.Misc. No.36875 of 2016 (2) dt.14-09-2016 2/2 misconduct. He has submitted that the story as narrated by the victim in her statement under Section 164 of the Code of Criminal Procedure does not inspire much confidence.

I find substance in the submission made on behalf of the petitioner, this application is, accordingly, allowed. Let the petitioner, above-named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Teghra P.S. Case No. 110 of 2016, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Vats/- U T