Sumit Gaurav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66873 of 2019 Arising Out of PS. Case No.-171 Year-2019 Thana- AIRPORT District- Patna ====================================================== Sumit Gaurav Son of Shankar Gaurav Resident of Bhatta More, P.S.- Danapur, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Soni Shrivastava For the Opposite Party/s :

Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-11-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 363, 365, 364, 376 of the Indian Penal Code and later on, Section-4 of the POCSO Act was also added.

Prosecution case in short is that leaving her mobile, the daughter of the informant had gone from her house to bring some articles but she did not return back. It is further alleged that on checking of her mobile, it was detected that from mobile No.08789955173 several calls were made on the mobile of the victim. The said mobile No.08789955173 is alleged to be of the petitioner.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 04-07-2019. Charge sheet has already been

Patna High Court CR. MISC. No.66873 of 2019(2) dt.15-11-2019 2/2 submitted. The petitioner has been falsely implicated in the present case. The victim has been examined under Section 164 of the Cr.P.C. where she has accepted her intimate relationship with the petitioner. Number of photographs of the petitioner along with the victim have been enclosed as Annexure-2 to the present application which goes to show that the petitioner and the victim were in an intimate relationship. It was a consensual relationship of the victim with the petitioner though the same was not accepted by the parents and for the said reason, the present case has been instituted. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-Ist-cumSpecial Judge, POCSO Act, Patna in connection with Special Case No. 141 of 2019 arising out of Hawai Adda P.S. Case No. 171 of 2019.

(Sudhir Singh, J) A.K.V.//- U T