Patna High CourtCR. MISC./18875/2024bail granted

Sonu Kumar Verma v. The State Of Bihar

2024-09-17Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18875 of 2024 Arising Out of PS. Case No.-1128 Year-2023 Thana- ARARIA District- Araria ====================================================== SONU KUMAR VERMA S/O AMIT KUMAR VERMA R/O OMNAGAR WARD NO.08, P.S- ARARIA, DISTT.- ARARIA.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar Rana, Adv.

For the Opposite Party/s :

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 17-09-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Araria P.S. Case No. 1128 of 2023 dated 25.11.2023 registered for the offences punishable under Sections 376, 420 and 506 of the Indian Penal Code.

3. As per the prosecution case, it is alleged that the petitioner committed rape on the informant and took her naked photo and video. Thereafter, the petitioner threatened to defame the informant and established physical relation with the informant several times. The petitioner also extorted Rs. 5 lakh and threatened to kill the informant and her husband.

4. Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.18875 of 2024(6) dt.17-09-2024 2/3 the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the possession of the petitioner. The charge-sheet has been submitted against the petitioner. The petitioner has no concern with the alleged occurrence. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 26.11.2023.

5. Learned A.P.P. for the State has opposed the bail petition of the petitioner and submitted that the victim in her statement recorded under Section 164 of the Cr.P.C. has not supported the prosecution case. She has also stated that the said obscene video was sent to her husband.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Araia P.S. Case No. 1128 of 2023, with the condition:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.

Patna High Court CR. MISC. No.18875 of 2024(6) dt.17-09-2024 3/3

7. The application stands allowed.

(Chandra Prakash Singh, J) shivam/- U T