Gauri Shankar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63137 of 2022 Arising Out of PS. Case No.-969 Year-2022 Thana- DANAPUR District- Patna ====================================================== GAURI SHANKAR S/O Ramdeo Prasad Singh R/O Adampur , P.S- Bhadaur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yogesh Chandra Verma, Sr. Adv.

Ms..Priyanka Singh For the Opposite Party/s :

Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 23-03-2023 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner is seeking regular bail in connection with Danapur P.S. Case No. 969 of 2022, registered for the offences punishable under Sections 363, 376, 120(b) of the Indian Penal Code and 4 POCSO Act.

The learned senior counsel for the petitioner has submitted that there is no allegation at all against the petitioner of committing rape. Only allegation against him is that he facilitated the accused persons by providing his hotel. He has submitted further that he is not the owner of the hotel, rather he is brother of owner of the hotel. He has also submitted that the victim girl, did not name this petitioner in their statements under Section 164 of the Cr.P.C. He is a person of clean antecedent and under custody since 13.09.2022.

On the other hand, the learned APP has opposed the

Patna High Court CR. MISC. No.63137 of 2022(3) dt.23-03-2023 2/2 prayer for bail.

Considering the facts and circumstances as well as the materials collected during course of investigation, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VIIcum-Exclusive Special Court (P.O.C.S.O. Act), Patna in connection with Danapur P.S. Case No. 969 of 2022, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

(Nawneet Kumar Pandey, J) Nirmal/Kundan U T