Sachin Kumar @ Gultus v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62542 of 2017 Arising Out of PS.Case No. -41 Year- 2017 Thana -MAHILA P.S. District- NAWADA ====================================================== Sachin Kumar @ Gultus, son of Sri Umesh Prasad, resident of VillageBenipur, Police Station- Rupoh, District- Nawada. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rabi Bhushan Prasad No. 1 For the Opposite Party/s : Mr. Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 10-01-2018 Heard learned counsels for the petitioner and the State. The petitioner, already in custody, seeks bail in connection with Special (POCSO) Case No. 31 of 2017, arising out of Nawada Mahila P.S.Case No. 41 of 2017, registered under Section 376 of Indian penal Code and Section 4 of POCSO Act. Allegation in brief is that petitioner raped the prosecutrix in day hours while she was alone in the house and just after incidence she reported the matter to her family members. Learned counsel for the petitioner submits that this case was instituted after 42 days delay without any cogent reason and the girl is of 18 years and she was not minor; moreover, petitioner is in custody since 07.10.2017.

Having considered the aforesaid facts and circumstances, the petitioner, namely, Sachin Kumar @ Gultus is

Patna High Court Cr.Misc. No.62542 of 2017 (2) dt.10-01-2018 2/2 directed to be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge-cumSpecial Judge, Nawada in connection with Special (POCSO) Case No. 31 of 2017 arising out of Nawada Mahila P.S.Case No. 41 of 2017.

(Arun Kumar, J) Sujit/- U T