Patna High CourtCR. MISC./6100/2020bail granted

Santosh Kumar @ Satish Kumar v. The State Of Bihar

2020-05-28Mr. Justice Chakradhari Sharan Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4648 of 2020 Arising Out of PS. Case No.-113 Year-2019 Thana- RAFIGANJ District- Aurangabad ====================================================== SANOJ KUMAR S/o Bindeshwari Prasad @ Bindeshwar Prasad R/o Mohalla- Abdulpur Rafiganj, P.S.- Rafiganj, District- Aurangabad ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 6100 of 2020 Arising Out of PS. Case No.-113 Year-2019 Thana- RAFIGANJ District- Aurangabad ====================================================== SANTOSH KUMAR @ SATISH KUMAR S/O Banshi Mistry @ Late Banshi Mistry @ Banshi Vishykarma R/o Mohalla - Lohar Gali, Maharajganj, Rafiganj, P.S. - Rafiganj, District - Aurangabad. ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

(In CRIMINAL MISCELLANEOUS No. 4648 of 2020) For the Petitioner/s :

Mr. Ramakant Sharma, Sr. Advocate with Mr. Rajesh Kumar For the Opposite Party/s :

Mr.Choubey Jawahar, APP (In CRIMINAL MISCELLANEOUS No. 6100 of 2020) For the Petitioner/s :

Mr.Lal Bahadur Singh For the Opposite Party/s :

Mr.Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 28-05-2020 Since both the applications arise out of the same criminal case, they have been heard together and are being disposed of by the present common order.

I have heard Mr. Ramakant Sharma, learned Senior Counsel appearing on behalf of the petitioners and Mr. Choubey

Patna High Court CR. MISC. No.4648 of 2020(4) dt.28-05-2020 2/3 Jawahar, learned Additional Public Prosecutor, appearing on behalf of the State.

It is the prosecution's case, as disclosed in the First Information Report, recorded on the basis of a written report of the informant that she has two daughters. The first daughter had eloped with co-accused Ashish Kumar and subsequently his first daughter and the said Ashish Kumar connived to prepare a blue video of his second daughter and made the same viral. Statement of the first daughter of the informant has been recorded under Section 164 of the Code of Criminal Procedure. Similarly the statement of the second daughter, too, has been recorded under Section 164 of the Cr.P.C. Second daughter has alleged that her elder sister, the first daughter of the informant, in connivance with three other persons including these petitioners had prepared a blue video and had made the same viral.

Learned Senior counsel appearing on behalf of the petitioners has referred to the First Information Report in which there is allegation against co-accused Ashish Kumar, who is said to have played a vital role in commission of the offence. He has submitted that said Ashish Kumar has been allowed regular bail by this Court by an order dated 04.07.2019 passed in Cr. Misc.

Patna High Court CR. MISC. No.4648 of 2020(4) dt.28-05-2020 3/3 No. 41004 of 2019. The petitioners are in custody since 20.11.2019.

Considering the facts and circumstances and particularly the fact that the co-accused Ashish Kumar has been granted regular bail, these applications are allowed. Let the petitioners above-named be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad in Rafiganj P.S. Case No. 113 of 2019.

(Chakradhari Sharan Singh, J) arun/- U