Bablu Kumar Yadav @ Bablu Yadav @ Gulshan Yadav @ Gulshan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45567 of 2019 Arising Out of PS. Case No.-20 Year-2018 Thana- MAHILA P.S. District- Bhagalpur ====================================================== Bablu Kumar Yadav @ Bablu Yadav @ Gulshan Yadav @ Gulshan Kumar Son of Amit Yadav @ Chotelal Yadav Resident of - Bhawanipur, P.S.- Rangra, Distrit- Bhagalpur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjan Kumar Jha For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 376/34 of the Indian Penal Code and Section 4 of POCSO Act.

Allegation is that the co-accused Bisho Yadav committed rape upon the victim and the petitioner was watching the persons who passes through the road.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 28.04.2018 and has got no criminal antecedent. Charge sheet has been submitted in this case under Sections 341, 342, 354(B)/34 of I.P.C. and Section 8 of POCSO Act. Specific allegation of commission of rape is

Patna High Court CR. MISC. No.45567 of 2019(2) dt.23-07-2019 2/2 alleged against co-accused Bisho Yadav. No rape has been committed by this petitioner. The petitioner has falsely been implicated in the present case due to previous enmity. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge I-cum-Special Judge, POCSO Act, Bhagalpur in connection with G.R. No.1756 of 2018 arising out of Naugachia Mahila P.S. case No.20 of 2018.

(Sudhir Singh, J) Narendra/- U T