Vishal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2628 of 2020 Arising Out of PS. Case No.-26 Year-2019 Thana- SAHIYARA District- Sitamarhi ====================================================== Vishal Kumar, aged about 24 years, Male, S/o Kaushal Prasad Singh, R/o village- Dumari Kala, P.S.- Majorganj, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-03-2020 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Sahiyara P.S. Case No. 26 of 2019 (G.R. No.910 of 2019) registered for t he offences punishable under Sections 376, 384, 506, 504 of the Indian Penal Code.

The F.I.R. discloses that a written report to the alleged occurrence has been filed by the informant Manasi Kumari before the SHO of Sahiyara PS in which it has been alleged that the informant was married on 10.05.2015. While the informant was studying in school, the petitioner, her villager and school mate of the informant calling her on his birth day and putting her in inebriated condition, committed rape on her. Now after marriage of the informant, the petitioner is holding out threat to viral the video of rlape on the whats app through calls and

Patna High Court CR. MISC. No.2628 of 2020(3) dt.20-03-2020 2/2 messages on the mobile of the informant. Thereafter, the petitioner through different mobiles are hurling threats to kill the informant and her husband.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case due to dirty local politics. The allegation of rape by the petitioner is said to have been committed years before school days. There is nothing to suggest that threat was held out to viral the videos of rape on whats app. There is nothing against the petitioner. Learned counsel for the petitioner further submits that the petitioner is in jail custody since 02.12.2019. He further submits that the petitioner has no any criminal history.

In the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Sitamarhi in connection with Sahiyara P.S. Case No. 26 of 2019 (G.R. No.910 of 2019).

(Anjani Kumar Sharan, J) Nasimul/- U T