Saurabh Kumar @ Sonu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57034 of 2024 Arising Out of PS. Case No.-301 Year-2021 Thana- GAYA MUFASIL District- Gaya ====================================================== Saurabh Kumar @ Sonu Kumar Son of Ram Ishwar Yadav Resident of VillKewala, P.S.- Vajirganj, District- Gaya, Bihar ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Awadhesh Kumar son of Ramchandra Thakur Village- Kewala P.S.- Vajirganj Dist- Gaya ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shovendra Kumar, Adv.
For the Opposite Party/s :
Mr. Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Gaya Muffasil P.S. Case No. 301 of 2021, registered under Sections 341, 323, 324, 325, 354, 308, 504, 506/34 of the Indian Penal Code and Section 8/12 of the POCSO Act.
3. The prosecution case, in brief, is that this petitioner along with other FIR named accused persons sexually harassed and misbehaved with the daughters of informant and they also assaulted their cousin brothers by iron rod, fist and slap and scissors causing serious injury.
4. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. Further submission is that the
Patna High Court CR. MISC. No.57034 of 2024(2) dt.13-09-2024 2/2 First Information Report has been lodged after an inordinate delay of 4 days without any plausible explanation. Allegation of sexual harassment is general and omnibus. Though there is allegation of assault, but no injury report is on record to corroborate the same. Similarly situated co-accused Panna Kumar has already been granted bail by this Court vide order dated 27.09.2022 passed in Cr. Misc. No. 17459 of 2022. Petitioner claims clean antecedent.
5. Learned A.P.P. for the State opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned court below within a period of eight weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Special Judge POCSO-cum-A.D.J.-VI, Gaya in connection with Gaya Muffasil P.S. Case No. 301 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Prabhat Kumar Singh, J) utkarsh/- U T