Golden Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56999 of 2021 Arising Out of PS. Case No.-11 Year-2021 Thana- DARIHAT District- Rohtas ====================================================== Golden Kumar, Son Of Pramod Singh Resident Of Village- Khudraw, P.S.- Darihat, District- Rohtas At Sasaram.
... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. N. K. Agrawal- Sr. Advocate Mr. Chhote Lal Mishra- Advocate For the Opposite Party/s :
Mr. Uday Chand Prasad- A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-02-2022 Heard learned senior counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in connection with Darihat P. S. Case No.11 of 2021, instituted for the offences under Sections 363, 365, 354(A)(B), 306/34 of the Indian Penal Code and Section 8 of the POCSO Act.
The learned senior counsel for the petitioner submits that the petitioner is in custody since 15.03.2021, he is a person with clean antecedent, charge-sheet has been submitted in this case and charges have been framed on 15.11.2021 and the petitioner is a young boy aged about 20 years. The learned senior counsel for the petitioner further submits that the informant alleges that her two minor daughters
Patna High Court CR. MISC. No.56999 of 2021(2) dt.24-02-2022 2/3 on 02.02.2021 left their home for Aier Kotha Bazar and later informed that they were going to Sasaram and thereafter, they informed that they were moving towards Dehri-on-Sone. It is further alleged that her daughter used to talk to Shakti Kumar, Manish Kumar and this petitioner and thus, on the basis of suspicion, it is alleged that the named accused persons might have kidnapped his daughter.
The learned senior counsel for the petitioner submits that from perusal of the allegation as alleged in the F.I.R., it would manifest that the petitioner is named in the F.I.R. and the only allegation against him is that the victim used to talk to him and to many other boys. It is further submitted that during the course of investigation, the dead bodies of the minor girls were recovered based on which, the named accused persons were arrested.
The learned senior counsel for the petitioner further submits that the only basis for arresting the petitioner is that he is alleged to be on talking term with the deceased. It is further submitted that the police after investigation, submitted chargesheet under Section 306 and other allied Sections of the I.P.C. and the post mortem report also discloses asphyxia due to drowning. The learned counsel further submits that co-accused
Patna High Court CR. MISC. No.56999 of 2021(2) dt.24-02-2022 3/3 Mithilesh Chaudhary @ Biklesh Chaudhary has been granted bail by order dated 09.02.2022 in Cr. Misc. No.51676 of 2021. Learned A.P.P. opposes the bail application.
Considering the fact that the petitioner is in custody, he is a person with clean antecedent, charge-sheet has been submitted in this case and charges have been framed and the petitioner is a young boy aged about 20 years, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District Judge-VII, Rohtas at Sasaram in connection with Darihat P. S. Case No.11 of 2021, subject to condition that one of the bailors shall be the father of the petitioner namely, Pramod Singh.
The application stands allowed.
(Satyavrat Verma, J) vikash/- U T