Patna High CourtCR. REV./94/2019bail granted

Bittu Kumar v. The State Of Bihar

2019-03-13Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No.94 of 2019 Arising Out of PS. Case No.-4 Year-2018 Thana- MAHILA P.S. District- Vaishali ====================================================== Bittu Kumar Shrawan Sah @ Sharawan Sharma R/o village- Mazrohi Raghunandan, P.S- Deshri ( Sahdei O.P ) ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anish Chandra For the Respondent/s :

Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 13-03-2019 Heard the parties.

The petitioner seeks bail in Cr.Appeal No.64/18 arising out of Mahila P.S.Case No.4/18 / G.R. No.1814/18/T.R.No.881/18 registered under Section 376(D) of the I.P.C.

The allegation against the petitioner along with other co-accused persons is of committing wrong with the daughter of the informant and taking her obscene photographs and making it viral on mobile.

It has been submitted on behalf of the petitioner that the petitioner has been declared juvenile by the Juvenile Justice Board and he has been falsely implicated in this case due to previous enmity. There is no eye witness to the occurrence. It is further submitted that the informant who happens to be the

Patna High Court CR. REV. No.94 of 2019(3) dt.13-03-2019 2/2 father of the victim girl has not named this petitioner in his statement recorded under Section 164 Cr.P.C. He is in custody since 25.06.2018.

Considering the facts and circumstances of the case, as stated above, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of 1st J.J.Board, Vaishali at Hajipur, in Mahila P.S.Case NO.4/18, G.R. No.1814/18, T.R.No.881/18 subject to the conditions that (i) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned. (ii) petitioner/s shall co-operate in the trial and shall be represented on each and every date fixed by the court. (iii) if the petitioners tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner/s.

(S. Kumar, J) aks/- U