Binod Kumar Gupta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68194 of 2023 Arising Out of PS. Case No.-385 Year-2023 Thana- LAKHISARAI District- Lakhisarai ====================================================== Binod Kumar Gupta S/O Late Saryug Sao @ Late Saryug Sah R/O VillageJai Nagar, Lali Pahari Ward No. 33, P.S- Kabaiya, Distt.- Lakhisarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajesh Kumar Mishra For the Opposite Party/s :
Mr. Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 18-10-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.
2. The petitioner seeks regular bail in connection with Lakhisarai P.S. Case No. 385 of 2023, registered for the offence punishable under Sections 376, 354 (A)(B)(C)(D), 506, 120(B) of the Indian Penal Code and under section 6, 10 and 12 of the POCSO Act.
3. As per prosecution, the present case is of allegation of rape. The main allegation against co-accused Amit Kumar and his wife who has committed the rape and made video. It has been submitted by learned counsel for the petitioner that the Sahiba Kumari, wife of Amit Kumar has been granted bail by a co-ordinate Bench of this Court vide order dated 21.09.2023 passed in Cr. Misc. No. 59446 of 2023. The petitioner was working in the Saryug Hotel. He has provided room to the Amit
Patna High Court CR. MISC. No.68194 of 2023(2) dt.18-10-2023 2/2 Kumar and his wife. The petitioner is in jail since 25.05.2023. Binay Kumar Gupta, owner of the Saryug Hotel has been granted bail vide order dated 20.09.2023 passed in Cr. Misc. No. 57757 of 2023.
4. Learned APP has vehemently opposed the prayer for bail.
5. Considering the fact that the owner of the hotel has been granted bail, this application is allowed.
6. Let the petitioner, above named, be released on bail after framing of charge, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-VI-cumSpecial Judge, POCSO Court, Lakhisarai in connection with Lakhisarai P.S. Case No. 385 of 2023.
7. This is also subject to the condition that the petitioner would cooperate in the proceeding of the court below. In the event of failure to appear on two consecutive dates, the court below will be at liberty to pass appropriate order including cancellation of bail bonds of the petitioner. (Sandeep Kumar, J) Ranjeet/- U T