Golu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81068 of 2024 Arising Out of PS. Case No.-227 Year-2024 Thana- BARGAINIA District- Sitamarhi ====================================================== Golu Kumar, Son of Pramod Sah, Resident of Vill- Belganj, P.S.- Bairgania, District- Sitamarhi ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rashmi Kumari, Daughter of Dasrath Sah, R/o village- Belganj, Ward no. 21, P.S- Bairganiya, Dist- Sitamarhi ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar, Advocate For the Opposite Party/s :

Mr.Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 29-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with Bairgania P.S. Case No. 227 of 2024 registered for the offence punishable under Sections 126(2), 115(2), 74, 75, 78, 135, 3(5) of the B.N.S. and Sections 8 and 12 of the POCSO Act.

3. The case of the prosecution is that on 06.09.2024 after observing pooja the informant was returning with her mother at 11.30 P.M. Three persons on a bike being armed with country made weapon boarded the informant on the bike and started teasing her. When the mother of the informant raised alarm, the brother of the informant and other villagers arrived and two of the bikers were apprehended. They are Golu Kumar and Sandeep

Patna High Court CR. MISC. No.81068 of 2024(3) dt.29-01-2025 2/2 Kumar. In this case, Golu Kumar is the petitioner .

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. He is next door neighbour of the informant. There is a dispute regarding a public way in between the parties. From perusal of the F.I.R., it is clear that the only allegation against the petitioner is that all three started teasing her. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Petitioner is languishing in judicial custody since 08.09.2024.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-VI-cum-Special Judge (POCSO Act), Sitamarhi in connection with Bairgania P.S. Case No. 227 of 2024. (Ashok Kumar Pandey, J) lata/- U T