Patna High Court – Orders
Golu Singh vs The State Of Bihar on 4 March, 2025
Author: Rajeev Ranjan Prasad
Bench: Rajeev Ranjan Prasad
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.125 of 2022
Arising Out of PS. Case No.-218 Year-2019 Thana- DAUDPUR District- Saran
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Golu Singh, aged about 26 years, Male Son of Late Sachita Nand Singh @
Sachinand Singh, Resident of Village- Kohara Bazar, Police Station-
Daudpur, District- Saran at Chapra
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Ram Binod Singh, Advocate
For the State : Mr. Ajay Mishra, APP
For the Informant : Mr. Rananjay Kumar, Advocate
Mr. Arif Daula Siddique, Advocate
======================================================
CORAM:HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
and
HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)
9 04-03-2025
Interlocutory Application No. 02 of 2025
Heard learned counsel for the appellant, learned
Additional Public Prosecutor for the State and learned counsel
for the informant.
2. The appellant has been convicted vide judgment of
conviction dated 03.01.2022 and sentenced vide order of
sentence dated 04.01.2022 passed by learned Additional
Sessions Judge-VI-cum-Exclusive Special Judge POCSO, Saran
at Chapra in connection with Sessions Trial POCSO No. 111 of
2019 arising out of Daudpur P.S. Case No. 218 of 2019 for the
offences punishable under Sections 4 and 6 of POCSO Act and
Patna High Court CR. APP (DB) No.125 of 2022(9) dt.04-03-2025
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Section 376D, 341, 323 and 506 of the Indian Penal Code (in
short ‘IPC‘) and has been ordered to undergo rigorous
imprisonment for twenty years and fine of Rs. 1,00,000/- for
commission of the offence punishable under Section 4 of the
POCSO Act and in case of default of payment of fine, one year
simple imprisonment. He has been further sentenced to life
imprisonment which shall mean imprisonment for remainder of
his natural life and fine of Rs. 1,00,000/- for commission of the
offence punishable under Section 6 of the POCSO Act and in
default of payment of fine, one year simple imprisonment. He
has also been sentenced to rigorous imprisonment for six
months for the offence punishable under Section 323 of the
Indian Penal Code. He has further been sentenced to rigorous
imprisonment for six months for the offence punishable under
Section 341 of the Indian Penal Code. He has been further
sentenced to rigorous imprisonment for six months for the
offence punishable under Section 506 of the Indian Penal Code.
All the sentences shall run concurrently.
3. The present application has been listed on the
direction of the Hon’ble Criminal Application and Motion
Bench. The sole appellant in this case is seeking his release on
provisional bail for performing the marriage of his sister which
Patna High Court CR. APP (DB) No.125 of 2022(9) dt.04-03-2025
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is fixed for 06.03.2025. In paragraph-3 of the application, it is
stated that the sister Alka Kumari is going to be married on
06.03.2025. He is the only male member in the family. It is
stated that the mother and the father of the appellant have
already died leaving behind appellant and his three sisters. With
this application, the certificates of the Mukhiya and Surpanch
have been brought on record as Annexure-C series. Learned
counsel for the appellant submits that earlier at the time of
marriage of his second sister, the petitioner had moved this
Court and the Hon’ble Court had been pleased to direct the
Superintendent of the concerned region to send the police under
police escort at the place of marriage on 11.02.2023 in order to
enable him to attend the marriage at Motihari and to bring him
back at prison after solemnization of marriage subject to the
condition that the appellant should pay all expenses of police
escort.
4. Learned counsel for the appellant submits that
even though the appellant was sent to the place of marriage
under police escort at his cost, he experienced a lot of
humiliation because he was handcuffed at the venue of the
marriage and he had to undergo a lot of difficulties in attending
the marriage ceremony. The prayer of the appellant is that this
Patna High Court CR. APP (DB) No.125 of 2022(9) dt.04-03-2025
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time, he may be allowed provisional bail for a period of at least
till 09th of March, 2025, so that he may be able to perform the
marriage of his sister.
5. It is submitted that instead of sending the
appellant in escort custody, some suitable order may be passed.
Learned counsel for the appellant submits that the appellant has
no criminal antecedent and his own uncle, namely, Brijnandan
Singh, who has sworn the affidavit, is ready to stand as one of
the bailors.
6. Learned counsel for the informant as well as
learned Additional Public Prosecutor for the State are present. It
is their common submission that they have no personal
instruction in this behalf with regard to the fact that the marriage
of the sister of the appellant is fixed for 06.03.2025 but
considering that the appellant has enclosed the certificates of
Mukhiya and Sarpanch and the marriage card on the affidavit
sworn by his own uncle, they are not in a position to deny the
fact as well.
7. Learned Additional Public Prosecutor for the
State submits that considering that on the earlier occasion, this
Court had allowed the appellant to participate in the marriage
ceremony of his another sister, this Court may take an
Patna High Court CR. APP (DB) No.125 of 2022(9) dt.04-03-2025
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appropriate view of the matter with some appropriate
conditions.
8. The Superintendent of Jail, Motihari shall send
the appellant under police escort to the concerned police station,
i.e., Daudpur Police Station, and from there, the Officer-in-
Charge, Daudpur Police Station shall ensure that the appellant
be sent to his village i.e. Kohra Bazar where the marriage of his
sister is going to be performed. The appellant shall not be
handcuffed at the place of marriage. However, the Officer-in-
Charge of the Daudpur Police Station shall keep vigil over the
activities of the appellant and the appellant shall not be allowed
to leave the village during the period of his provisional bail. On
10.03.2025, the Officer-in-Charge of the Daudpur Police Station
shall bring back the appellant to the trial court where the
appellant would surrender.
9. Having regard to the submissions noted
hereinabove, this Court grants provisional bail till 09.03.2025
to the appellant on furnishing bail bond of Rs.25,000/- (twenty
five thousand) with two sureties of the like amount each to the
satisfaction of learned Additional Sessions Judge-VI-cum-
Exclusive Special Judge POCSO, Saran at Chapra in Sessions
Trial POCSO No. 111 of 2019 arising out of Daudpur P.S. Case
Patna High Court CR. APP (DB) No.125 of 2022(9) dt.04-03-2025
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No. 218 of 2019. The appellant would surrender in the trial
court on 10.03.2025 within court hours and the surrender
certificate shall be filed in this Court.
10. Interlocutory Application No. 2 of 2025 stands
disposed of accordingly.
11. Let a copy of this order be communicated through
Fax and E.mail to the trial court.
12. List this case on 18.03.2025.
(Rajeev Ranjan Prasad, J)
(Ramesh Chand Malviya, J)
Anand Kr.
U T
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