Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13133 of 2019 Arising Out of PS. Case No.-288 Year-2018 Thana- MOKAMAH District- Patna ====================================================== MANOJ KUMAR Son of Pawan Kumar Rajak @ Pawan Rajak Resident of Village - Mokamaghat, P.S- Mokama, Distt.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No2 For the Opposite Party/s :

Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 05-03-2019 Heard learned counsel for the parties.

The defect(s) as pointed out by the Stamp Reporter is ignored.

Petitioner seeks bail in Special Case No. 249 of 2018 arising out of Mokama P.S. Case No. 288 of 2018 registered for the offence punishable under Sections 376, 354 and 506 of the Indian Penal Code, Section 4/6 of the Prevention of Children From Sexual Offences Act, 2(v)/3(v) of the SC/ST Act, 1989 and Section 67(a), 67(b) of the I.T. Act.

Informant in his written complaint has alleged that

Patna High Court CR. MISC. No.13133 of 2019(2) dt.05-03-2019 2/3 he received information from his co-villager that obscene picture of his daughter with Ranjan Kumar has been made viral and upon receiving said information he enquired about the matter with his daughter and his daughter stated that Ranjan Kumar took her and thereafter intoxicated her and may have made such obscene picture with her. Allegation against the petitioner and others is that he was calling the victim into the room and demanding Rs. 20,000/- otherwise they would made her picture viral and on 23.12.2018 they did so. It has been submitted on behalf of petitioner that there is no allegation against him of making obscene picture with the victim girl or taking any part in preparation of said obscene picture. Petitioner has got no criminal antecedent and is in custody since 27.12.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-1st cum Special Judge (POCSO), Patna, in connection with Special Case No. 249 of 2018 arising out of Mokama P.S. Case No. 288 of 2018, with following conditions:- (1)Bailors should be local having sufficient

Patna High Court CR. MISC. No.13133 of 2019(2) dt.05-03-2019 3/3 immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the court below.

(3) If the petitioner 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. Kumar, J) ranjan/- U