Patna High CourtCR. MISC./43315/2024bail granted

Gaurav Kumar v. The State Of Bihar

2024-07-02Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43315 of 2024 Arising Out of PS. Case No.-682 Year-2023 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== Gaurav Kumar Son of Pramod Kumar Singh @ Pramod Kumar RESIDENT OF VILLAGE- RUPIPUR, POLICE STATION- NOKHA, DISTRICTROHTAS AT SASARAM. AT PRESENT RESIDENT OF MOHALLAGAURIKSHANI NALA PAR, POLICE STATION- SASARAM (TOWN) DISTRICT ROHTAS AT SASARAM ... ... Petitioner/s

Versus

The State Of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raghunandan Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Akbar Ali,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 02-07-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Sasaram (M) P.S. Case No. 682 of 2023 dated 25.12.2023 registered for the offence/s punishable u/s 302 the Indian Penal Code and added sections 376 read with 511, 201, 120B of the IPC and section 4(1)/6 POCSO Act.

3. As per the prosecution case, the co-accused person is alleged to have committed murder of the informant's daughter by strangulating her.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR. The name of the petitioner

Patna High Court CR. MISC. No.43315 of 2024(2) dt.02-07-2024 2/2 has sprung up during the course of investigation. The informant is not the eye witness to the alleged occurrence. There is no specific allegation against the petitioner. There is nothing except suspicion. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 19.05.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Rohtas at Sasaram in connection with Sasaram (M) P.S. Case No. 682 of 2023, with a condition/s:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T