Golu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69914 of 2022 Arising Out of PS. Case No.-78 Year-2022 Thana- MAHILA PS District- Gaya ====================================================== GOLU KUMAR Son of Lal Bahadur Prajapati @ Lal Bahadur Kohar R/vDhadhaniya, P.S.- Bhabua, District- Kaimur (Bhabua) ... ... 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.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 376, 114, 366, 366A, 34 of the Indian Penal Code and Sections 6 of the POCSO Act and under Sections 3(i)(r)(s)(w)(I), 3/2(v-2) of the SC/ST Act and Sections 3, 4, 5, 6, 7 of the Immoral Traffic Act.

As per FIR, the allegation against the co-accused persons is that they enticed away the victim and allegation against this petitioner is that he forcibly made physical relationship with her.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.69914 of 2022(4) dt.05-07-2023 2/3 falsely been implicated in this case. He has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 09.09.2022. Learned APP appearing for the state has opposed the prayer of regular bail and submitted that as per statement of the victim, which is mentioned at para 01 of the case diary wherein she stated that she is aged about 14 years and the petitioner without her consent forcibly made physical relationship with her. It is further submitted that co-accused also forced her to do wrong things with other persons.

Having heard the learned counsel for the parties and considering the fact that there is direct allegation against the petitioner of committing wrong doings with victim, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected. The trial Court is directed to expedite the trial and conclude the same as soon as possible.

(Sunil Kumar Panwar, J) manishkumar/- U T

Patna High Court CR. MISC. No.69914 of 2022(4) dt.05-07-2023 3/3