Gopal Kumar Ram @ Gopal Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36571 of 2017 Arising Out of PS.Case No. -203 Year- 2017 Thana -RAMNAGAR DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Gopal Kumar Ram @ Gopal Ram Son of Vyas Ram, R/o VillagePachrukhiya, P.S.- Ramnagar, District- West Champaran (Bettiah), .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Lokesh Kumar Singh For the Opposite Party/s : Mr. Anil Prasad Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 19-08-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 21.06.2017 in connection with Ramnagar P.S. Case No. 203/2017, POCSO 09/2017 for offences punishable under Sections 323, 341, 342, 447, 448, 354, 506/34 of the Indian Penal Code and Section 8 of the POCSO Act.

The prosecution case, as lodged by the informant, is that she is aged 15 years and while she was alone in the house on 03.06.2017 the petitioner, who is her neighbour, came to the house and offered her a flower and wanted to her to show her love for him and on refusal he threatened her with knife. It has been submitted by the learned counsel for the

Patna High Court Cr.Misc. No.36571 of 2017 (2) dt.19-08-2017 2/2 petitioner that he is innocent and has been falsely implicated in the aforesaid case because of land dispute between the parties as they are next door neighbours. He submits that no overt act has been committed by him and he is a young boy of 22 years. However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge 1st cum Special Judge, Bagaha, West Champaran, Bettiah, in connection with Ramnagar P.S. Case No. 203/2017, POCSO 09/2017, subject to the condition that both the bailors would be a close relative of the petitioner having sufficient immovable property within the jurisdiction of the concerned police station/ court, who will file an affidavit stating their relationship with the petitioner and if the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to move the learned court below for cancellation of his bail bonds.

(Nilu Agrawal, J) Rajesh/- U T