Golu Kushwaha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58477 of 2022 Arising Out of PS. Case No.-11 Year-2021 Thana- MAHILA P.S BAGHA District- West Champaran ====================================================== GOLU KUSHWAHA Son of Suresh Kushwaha Resident of VillageRatanmala, Ward No. 33, P.S.- Bagaha, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey, Adv.

For the Opposite Party/s :

Mr.Asha Kumari, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-01-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 366A/34 of the Indian Penal Code u/s 8 of POCSO Act.

Allegedly, petitioner with the help of other co-accused tempted the informant's daughter to run away with him with intention to marry.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence as alleged. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to ulterior motive. The victim girl being major and matured, had herself left her house

Patna High Court CR. MISC. No.58477 of 2022(2) dt.03-01-2023 2/2 with co-accused. There is general and omnibus allegation against the petitioner. It is further submitted that after investigation, the police has filed final form against co-accused and didn't sent up the petitioner for trial. But the learned court took cognizance against the petitioner in quite mechanical manner differing with the police report. Petitioner has no criminal antecedent as mentioned in para-3 of this application. Learned counsel for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.

25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Bagaha (Mahila) P.S. Case No. 11 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) divyanshi/- U T