Guddu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.56058 of 2018 Arising Out of PS. Case No.-33 Year-2017 Thana- MAHILA PS District- Aurangabad ====================================================== Guddu Kumar S/o Upendra Yadav @ Upendra Singh resident of VillagePatharkatti, P.S. Daudnagar, District Aurangabad (Bihar). ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Lal Bahadur Singh For the Opposite Party/s :
Mr. Sri Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 28-11-2018 Heard the learned counsel for the petitioner and learned APP for the State.
Petitioner seeks regular bail in Town (Mahila) P.S. Case No. 33 of 2017 corresponding to G.R. No. 31 of 2018 registered for the offence punishable under Section 376D of Indian Penal Code and Section 4 of POCSO Act. It is alleged that several accused persons had established physical relation with the informant. The first man was Vinod Kumar who had developed physical relation with her thereafter, Manish Kumar and Subodh Kumar have also established physical relation. She has further stated that on the date of occurrence, co-accused Subodh Kumar took her to a School on the pretext to give Rs. 6,000/- where four F.I.R. named accused persons including the petitioner were already
Patna High Court Cr.Misc. No.56058 of 2018(3) dt.28-11-2018 2/3 there and committed rape upon her.
It has been submitted on behalf of the petitioner that all similarly situated co-accused persons have been granted bail. Co-accused Guddu Kumar @ Anil Kumar and Manish Kumar have been granted bail by this Court vide order dated 07.03.2018 passed in Cri. Misc. No. 7150 of 2018 and order dated 12.07.2018 passed in Cr. Misc. No. 40267 of 2018 respectively. Petitioner is in custody since 01.08.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner, named above, be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned 1st Addl. Sessions Judge-cum-Special Judge POCSO, Aurangabad (Bihar) in connection with Town (Mahila) P.S. Case No. 33 of 2017 with following conditions:- (I) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall co-operative in the trial and shall be represented on each and every date fixed by the Court.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty
Patna High Court Cr.Misc. No.56058 of 2018(3) dt.28-11-2018 3/3 to move for cancellation of bail of the petitioner. (S. Kumar, J) sushma/- U T