Gulshan Kumar @ Rahul Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58974 of 2021 Arising Out of PS. Case No.-11 Year-2021 Thana- RIGA District- Sitamarhi ====================================================== GULSHAN KUMAR @ RAHUL KUMAR S/o Abhay Kumar Rai Resident of Village - Uffrolia, P.S. - Riga, District - Sitamarhi. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar Jha, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-03-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.
Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioner seeks regular bail in connection with Riga P.S. Case No. 11 of 2021 instituted for the offences under Sections 456, 341, 342, 323, 354(b), 509 of the Indian Penal Code read with Sections 8 and 10 of the Protection of Children from Sexual Offenses Act, 2012.
Learned counsel for the petitioner submits that the petitioner is in custody since 26.08.2021, charge-sheet has been submitted, is a person with clean antecedent and is aged about 20 years.
Learned counsel for the petitioner submits that the informant alleges that the petitioner at 01:00 A.M. entered into
Patna High Court CR. MISC. No.58974 of 2021(2) dt.08-03-2022 2/3 the house of the informant, tried to outrage her modesty and on scream her parents came and her father caught the petitioner and thereafter the petitioner pointed pistol at him and threatened to shoot and thereafter the petitioner fled away. Learned counsel for the petitioner submits that the petitioner and the informant were in love and the petitioner on asking the informant had gone to meet her when her parents were asleep. It appears that when the petitioner entered the house the parents woke-up on account of which the present false case has been instituted with the allegation that the petitioner was trying to outrage her modesty and threatened the father of the informant with pistol. Learned counsel further submits that petitioner is a young boy, aged about 20 years and if he remains in custody his entire career would be jeopardized. Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.
Considering the fact that the petitioner is in custody, charge-sheet has been submitted, is a person with clean antecedent and in the nature of allegation as alleged, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional
Patna High Court CR. MISC. No.58974 of 2021(2) dt.08-03-2022 3/3 Sessions Judge-VI, Sitamarhi in connection with Riga P.S. Case No. 11 of 2021.
(Satyavrat Verma, J) Kundan/- U T