Munna Singh @ Munna Chandrabanshi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15890 of 2023 Arising Out of PS. Case No.-36 Year-2022 Thana- MAHILA P.S. District- Kaimur (Bhabua) ====================================================== Munna Singh @ Munna Chandrabanshi S/O Sahendra Singh Resident Of Village- Rasendua, P.S.- Sheosagar, District- Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satyendra Pandey For the Opposite Party/s :

Mr.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-04-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 366(A), 376/34 of the Indian Penal Code, Section 8 of the POCSO Act and Sections 67(A), 67(B) of the I.T. Act.

The prosecution case as per F.I.R is that the informant was in friendship with co-accused Rahul Kumar and there was sexual relationship between them. The said Rahul Kumar thereafter made the intimate vide of the informant viral. It is alleged against the petitioner

Patna High Court CR. MISC. No.15890 of 2023(2) dt.29-04-2023 2/3 that he being brother-in-law of co-accused Rahul Kumar was also associated with said Rahul Kumar.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. There is no consistent material evidence against the petitioner and since petitioner is brother-in-law of main accused Rahul Kumar, he has been roped in the present case. For the alleged occurrence of 22.09.2022, the F.I.R was registered on 09.11.2022 without explaining the delay. The medical report of the victim also suggests her age between 20-22 years. The victim in her 164 Cr.P.C statement has also not alleged any sexual assault against the petitioner. The petitioner is languishing in custody since 10.11.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the

Patna High Court CR. MISC. No.15890 of 2023(2) dt.29-04-2023 3/3 petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional District Judge-VI, Kaimur, Bhabhua in connection with Mahila P.S. Case No. 36 of 2022.

(Sunil Kumar Panwar, J) Shageer/- U T