Patna High CourtCR. MISC./30734/2017dismissed

Deepak Gond v. The State Of Bihar

2017-07-28Mr. Justice Vinod Kumar Sinha2 pages

Patna High Court Cr.Misc. No.30734 of 2017 (3) dt.28-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30734 of 2017 Arising Out of PS.Case No. -209 Year- 2017 Thana -BAGHA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Deepak Gond S/o Gamha Gond @ Harichandra Gond, resident of Village- Kumhiya Bisunpurwa, P.S.- Bagaha, District- West Champaran (Bihar).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Suresh Prasad Sharma For the Opposite Party/s : Mr. Sri Aditya Narayan Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-07-2017 The petitioner seeks regular bail in connection with Bagaha P.S. Case No. 209 of 2017, registered for offences punishable under Sections 292, 354(C), 354(B)(II) Indian Penal Code and Section 14 of POCSO Act.

Allegation against the petitioner that he clicked the photograph of the daughter of the informant with a view to create a nude photo by morphing the same, which was recovered from the mobile of the petitioner.

It has been submitted by learned counsel for the petitioner that the said mobile has not been recovered from the petitioner rather it has been recovered from one co-accused and co-accused has named this petitioner. Further petitioner has been

Patna High Court Cr.Misc. No.30734 of 2017 (3) dt.28-07-2017 in judicial custody since two weeks.

Learned counsel for the State opposed the prayer for bail on the ground that the allegation is against the petitioner and materials collected during the course of investigation also shows that the mobile belongs to the petitioner.

Having heard both sides, considering the fact and circumstances of the case and the nature of allegation, I am not inclined to release the petitioner on bail, his application for regular bail is, accordingly, rejected.

However, the petitioner may renew his prayer for bail after framing of charge in this case.

(Vinod Kumar Sinha, J) sunil/- U T