Nityanand Sharma @ Lallan Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8297 of 2020 Arising Out of PS. Case No.-103 Year-2019 Thana- MAHILA P.S. District- Patna ====================================================== Nityanand Sharma @ Lallan Sharma Son of Late Ramakant Sharma, Resident of Village-Chandokhar, P.S-Kurtha, District-Arwal. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vinod Kumar For the Opposite Party/s :

Mr. Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 31-08-2020 Heard learned counsel for the petitioner and learned counsel for the State through Video Conferencing. In this case, the petitioner is seeking regular bail in connection with Mahila Sachiwalaya P.S. Case No. 103 of 2019 registered for offence punishable under section 376 (D) of the Indian Penal Code.

This is a case in which a lady has been put to sexual assault and further wrong thing has been done with her which has been corroborated by making her statement under section 164 Cr. PC before the Magistrate.

Learned counsel for the petitioner submits that one Pankaj Kumar, who has taken photograph of the victim during sexual assault, has been granted bail by one of the coordinate Bench of this Court in Cr. Misc. No. 80955 of 2019.

Patna High Court CR. MISC. No.8297 of 2020(5) dt.31-08-2020 2/2 It is very unfortunate that a person has perpetrated the sexual assault and has allowed to take photograph of the victim while she was sexually assaulted which is most serious crime. In such view of the matter, this Court is not inclined to grant bail to the petitioner and accordingly his prayer for bail is dismissed at this stage.

This order has been passed in presence of Mr. Akhileshwar Dayal, learned counsel for the State. (Shivaji Pandey, J) Mahesh/- U T