Guddu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11953 of 2021 Arising Out of PS. Case No.-205 Year-2019 Thana- NAUBATPUR District- Patna ====================================================== Guddu Kumar S/O Sahjanand Yadav @ Sahjanand Prasad R/o villageKaharichak (Deo Nagar), P.S. and P.O.- Naubatpur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Chhaya Kirti, Advocate For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 29-09-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offences punishable under Sections 354B/376/511/506/379/34 of the Indian Penal Code and Section 10 of the POCSO Act. Petitioner is in custody since 21.10.2019.

According to FIR, four persons including the petitioner allegedly sexually harassed a minor girl. In her statement under Section 164 Cr.P.C. the victim has supported the allegation. However, claims to have identified only three miscreants and not the petitioner. The petitioner has stated on oath that he has got no criminal antecedent.

Considering the statement of the victim under Section 164 Cr.P.C. and period already undergone by the petitioner, let

Patna High Court CR. MISC. No.11953 of 2021(3) dt.29-09-2021 2/2 the petitioner, above named, be released on bail on furnishing bail bond of Rs.20000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Courtbelow where the case is pending in connection with Naubatpur P.S. Case No. 205 of 2019, Special (POCSO) Case No.56A of 2019, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) Mkr./- U T