Govind Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48933 of 2017 Arising Out of PS. Case No.-520 Year-2015 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Govind Kumar, Son of Upendra Mahto, Resident of Village- Jagir Mohalla Ward No. 31, P.S. Nagar, District- Begusarai. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sandip Kumar Gautam For the Opposite Party/s :

Mr. SRI PARMESHWAR MEHTA ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 17-10-2017 Heard learned counsel for the petitioner and the State.

Petitioner seeks bail in Begusarai Town P.S. Case No. 520 of 2015 in connection with POCSO Case No. 78 of 2016, for the offence punishable under Section 366A of the Indian Penal Code.

It has been submitted on behalf of the petitioner that earlier the petitioner was granted anticipatory bail by a coordinate bench of this Hon'ble Court in Criminal Miscellaneous No. 17616 of 2016 vide order dated 17.10.2016 as contained in Annexure-3. It has further been submitted on behalf of the petitioner that after submission of chargesheet the petitioner was not physically present before the court below on ten successive dates, as such the bail bond of the petitioner had been cancelled

Patna High Court Cr.Misc. No.48933 of 2017(2) dt.17-10-2017 2/2 and warrant of arrest was issued against him and he was apprehended by the police and since then he is in custody. Learned counsel for the petitioner further submits that due to miscommuncation and lack of knowledge petitioner could not appear before the court below on the date when the case was fixed. The petitioner has got no criminal antecedent and is in custody since, 06.09.2017.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above, be released 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 Additional Sessions Judge-I cum Special Judge POCSO Act, Begusarai in connection with Begusarai Town P.S. Case No. 520 of 2015 in connection with POCSO Case No. 78 of 2016. (S. Kumar, J) ranjan/- U