Gaurav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50547 of 2019 Arising Out of PS. Case No.-788 Year-2018 Thana- PHULWARISHARIF District- Patna ====================================================== 1.

GAURAV KUMAR Son of Upendar Das Resident of Village- Nain Chak (Shibachk) P.S.- Phulwari Sharif, District- Patna. 2.

Srikant Kumar Son of Virendar Das Resident of Village- Nain Chak (Shibachk), P.S.- Phulwari Sharif, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar For the Opposite Party/s :

Ms.Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 14-08-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Phulwari Sharif P.S. Case No. 788 of 2018, disclosing the offence under Sections 354, 341, 323, 504, 34 of the Indian Penal Code and Sections 8/12 of the POCSO Act, 2016. Learned counsel appearing on behalf of the petitioners appears to be correct in his submission that the main allegation is against co-accused Saurav Kumar. It is alleged against other persons named in the FIR that they assaulted the informant when he was objecting to the conduct of main accused Saurav Kumar. It has also been argued that co-accused Upendra Das, Uday Das and Dilip Das have been allowed the

Patna High Court CR. MISC. No.50547 of 2019(2) dt.14-08-2019 2/2 privilege of anticipatory bail by the court of learned Additional District and Sessions Judge-I, cum Special Judge (POCSO), Patna.

Considering the facts and circumstances, this application is allowed. Let the petitioners, above-named, in the event of their arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand) each, with two sureties of the like amount each, to the satisfaction of the learned Additional Sessions Judge-I, Patna cum Special Judge, POCSO Court, Patna in Phulwari Sharif P.S. Case No. 788 of 2018, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the Police/ Court, as the case may be, as and when required and in the event of failure on their part to appear before the court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) Rajesh/- U T