Gulshan Kumar vs The State Of Bihar
2021 Latest Caselaw 3994 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No.36404 of 2021
     Arising Out of PS. Case No.-11 Year-2021 Thana- TEGHRHA District- Begusarai
======================================================

Gulshan Kumar, aged about 21 years, Sex-Male, Son of Hare Krishna Singh @ Nunu Babu Singh, Resident of Village - Madhurapur, Dakhin Tola, P.S.- Teghra, District - Begusarai.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s    :       Mr. Bipin Kumar, Advocate
For the State           :       Mr. Abhay Kumar Roy, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 06-08-2021

The matter has been heard via video conferencing.

2. The case has been taken up out of turn on the basis

of motion slip filed by learned counsel for the petitioner on

02.08.2021, which was allowed.

2. Heard Mr. Bipin Kumar, learned counsel for the

petitioner and Mr. Abhay Kumar Roy, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

3. The petitioner apprehends arrest in connection with

Teghra PS Case No. 11 of 2021 dated 10.01.2021, instituted

under Sections 364/354B of the Indian Penal Code and 8 of the

Protection of Children from Sexual Offences Act, 2012.

4. The allegation against the petitioner, along with

others, is of being party to forcefully making the informant and Patna High Court CR. MISC. No.36404 of 2021 dt.06-08-2021

her friend ride on a motorcycle and being taken to a nearby

place, but due to the road being in bad condition, the motorcycle

was moving in a slow speed and the informant and her friend

jumped from the motorcycle and ran to the house of a villager

there who saved them and informed the guardians of the

informant who came and took them back.

5. Learned counsel for the petitioner submitted that as

per the allegation, there are five named accused persons,

including the petitioner, and the main allegation is against co-

accused Mithu Kumar, on whose motorcycle, the informant and

her friend are said to have been forcibly made to sit. It was

submitted that the petitioner is only said to have been riding

another motorcycle and even thereafter, as per the allegation

itself, before they could reach the village, both the girls jumped

from the motorcycle and went to the house of a villager and

nothing further happened and from there their guardians had

come and taken back. Learned counsel submitted that false

allegation has been made and the parties have compromised. It

was submitted that the petitioner is an NCC trainer and has no

other criminal antecedent.

6. Learned APP submitted that the police after

investigation have submitted charge-sheet having found the Patna High Court CR. MISC. No.36404 of 2021 dt.06-08-2021

allegation to be correct and most importantly, there is no motive

for false implication and only a vague statement has been made

that the petitioner has been named due to village politics.

Further, learned APP submitted that no reason has been given as

to why two girls would file such a case in which it is alleged

that the persons were trying to physically abuse them as it

would have an adverse effect on their and their families' prestige

in society. Thus, he contended, that the allegation cannot be

brushed aside, more so, when the police after proper

investigation have submitted charge-sheet against the accused,

including the petitioner. It was further submitted that the

informant has also given statement before the Court under

Section 164 of the Code of Criminal Procedure, 1973 and has

fully supported the prosecution case. Learned APP further

submitted that in such cases, there is no scope for any

compromise, as the victim being minors, their consent is

immaterial as they are also not aware of the consequences and

most importantly, the offences are not compoundable and

amenable to any compromise.

7. Having considered the facts and circumstances of

the case and submissions of learned counsel for the parties, the

Court is not inclined to grant pre-arrest bail to the petitioner.

Patna High Court CR. MISC. No.36404 of 2021 dt.06-08-2021

8. Accordingly, the petition stands dismissed.

9. However, in view of submission of learned counsel

for the petitioner, it is observed that if the petitioner appears

before the Court below and prays for bail, the same shall be

considered on its own merits, in accordance with law, without

being prejudiced by the present order.

(Ahsanuddin Amanullah, J)

Anjani/-

AFR/NAFR U T