Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4238 of 2018 Arising Out of PS.Case No. -388 Year- 2017 Thana -SONEPUR District- SARAN ====================================================== Pawan Kumar, son of Rajendra Sharma @ Rajendra Kumar Sharma, resident of Village- Shahpur, P.S. Sonepur, District Saran at Chapra. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Yugal Kishore For the Opposite Party : Mr. Sri Chandrasen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 21-02-2018 Heard learned Counsel for the petitioner and the State. Petitioner, already in custody, seeks bail in Sonepur PS Case No. 388 of 2017 registered under Sections 376D, 377, 354A, 354(B), 120B of the IPC, Sections 3⁄4 of the POCSO Act and Sections 67(A), (B) and (C) of the Information Act.

The allegation in brief is that on 15.6.2017 daughter of the informant was taken to a room in the hotel and the accused persons made a vulgar video, thereafter threatening was given to get his daughter married with the petitioner. On 13.9.23017 again her daughter became traceless and she was recovered on 14.9.2017 but no case was lodged due to pressure of the villagers, thereafter the accused persons started threatening that if marriage is not solemnised with Pawan then the video will be made public. Learned Counsel for the petitioner submits that the statement of the girl recorded under Section 164 Cr.P.C. itself indicates that the petitioner is her friend, they were having love affair, the girl is student of Intermediate final year, she is major however she did not turn up for medical examination during investigation, the so called CD was not recovered by the police, moreover a CD was produced by father of the girl but nature of its contents is not mentioned in the case diary.

Patna High Court Cr.Misc. No.4238 of 2018 (2) dt.21-02-2018 Having considered the said facts and circumstances, the petitioner, namely, Pawan Kumar is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge lst, Saran at Chapra in connection with Sonepur PS Case No. 388 of 2017 with the following conditions:- (i) He shall not tamper with the evidence and shall not make any inducement or threat to witnesses; (ii) The petitioner shall be present physically before the trial court on each day and in case of absence on two consecutive dates his bail bonds shall be liable to be cancelled.

(Arun Kumar, J.) Snkumar/- U T